P. v. Partida
In September 2004, defendant pled guilty to unlawfully manufacturing, distributing, or selling false government documents in violation of Penal Code section 113. In return, defendant was placed on three years of formal probation on various terms and conditions. On appeal, defendant contends (1) the trial court failed to exercise its discretion in determining whether defendant should be reinstated on probation; (2) the trial court failed to recognize and exercise its discretion under People v. Johnson (2002) 28 Cal.4th 1050 (Johnson waiver) to reinstate probation with a waiver of custody credits; and (3) in the alternative, the trial court abused its discretion when it declined to reinstate him on probation. Court reject these contentions and affirm the judgment.
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