People v. Pizano CA4/1

Filed 9/30/15 P. v. Pizano CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067265

Plaintiff and Respondent,

v. (Super. Ct. No. JCF31373)

DIANA MARIE PIZANO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Imperial County, Donal B.

Donnelly and Poli Flores, Judges. Reversed and remanded with directions.

Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,

Peter Quon Jr., and Stacy Tyler, Deputy Attorneys General, for Plaintiff and Respondent.

In August 2013, Diana Marie Pizano entered a negotiated guilty plea to felony

second degree burglary (Pen. Code,1 § 459). In September, the court placed Pizano on

three years' probation, as stipulated in the plea agreement. In October 2014, the court

revoked and reinstated probation. In November, Pizano filed a petition for recall of

sentence and resentencing pursuant to section 1170.18 (Proposition 47). In December,