P. v. Wills
Laura D. Wills appeals from the eight-year prison sentence executed following a probation violation. She contends the trial court misunderstood its discretion to make a downward modification to a previously imposed but suspended sentence. She also asserts her attorney provided ineffective assistance of counsel by acting under the same misapprehension as the trial court.
We conclude Wills and the district attorney entered into a negotiated plea agreement and, at the time of the guilty plea, the trial court actually imposed and suspended execution of an eight-year term. Thus, at the probation violation hearing, the trial court correctly understood it had two choices, either reinstate probation or execute the previously imposed sentence. Consequently, we affirm the judgment.
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