P. v. Haley
On June 22, 2009, a complaint charged defendant and appellant Darwin Haley with making criminal threats under Penal Code section 422. On September 17, 2009, defendant pled guilty in exchange for a stipulated sentence of two years, the execution of which would be suspended and probation granted.
On October 30, 2009, the trial court imposed the middle term of two years, suspended the execution of the sentence, and placed defendant on supervised probation for three years. The court then ordered defendant to serve 180 days in county jail as a condition of probation, with credit for 19 days served.
On February 10, 2010, the probation officer filed a petition to revoke probation. On April 6, 2010, following a contested hearing under People v. Vickers (1972) 8 Cal.3d 451, the trial court (1) found that defendant violated his probation; (2) denied defendant's motion to reinstate probation and for a stay of execution; and (3) executed the previously-imposed sentence of two years in state prison, with 129 days of presentence credit. Moreover, the trial court ordered defendant to pay the previously-stayed probation restitution fine of $200 and imposed a $200 parole revocation fine, which it then stayed unless parole is revoked.
On April 16, 2010, defendant filed a timely notice of appeal from the contested Vickers hearing.
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