P. v. Garcia
Following Maurice Garcia's guilty plea to corporal injury to a spouse (Pen. Code,[1] 273.5, subd. (a)) and false imprisonment ( 236/237, subd. (a)), together with his admissions of a previous domestic violence conviction enhancement ( 273.5, subd. (e)(1)) and a prior prison term ( 667.5, subd. (b)), the trial court imposed a stipulated prison term of six years and eight months but suspended execution of sentence and placed Garcia on probation, conditioned upon, among other things, that he serve 365 days in the county jail. Shortly after his release from local custody, Garcia admitted violating probation and the trial court imposed the previously suspended stipulated sentence. Garcia appeals, essentially contending his sentence should be reversed and the matter remanded for resentencing because the trial court failed to properly consider the possibility of continuing to stay the previously imposed stipulated sentence and to reinstate him on probation. Court affirm.
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