The People v. Wills CA4/3

Filed 9/10/13 P. v. Wills CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047265

v. (Super. Ct. No. 06NF2921)

LAURA D. WILLS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, William Lee Evans, Judge. (Retired judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Arielle N. Bases, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Laura A. Glennon, Deputy Attorneys General, for Plaintiff and Respondent.

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.