P. v. Yang
Appellant Pheng Yang challenges the trial courts decision to deny his request for probation, on the sole ground that the court misunderstood the scope of its discretion to grant probation. Specifically, he contends the trial court believed it could not place him on probation unless it found he did not pose a threat to the victim. He requests a remand for resentencing.
Court conclude the reporters transcript of the sentencing hearing demonstrates that the trial court incorrectly believed that it could not grant probation unless it found appellant did not pose a threat to the victim. Accordingly, Court remand for resentencing.
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