People v. Palacio CA2/8

Filed 10/7/20 P. v. Palacio CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B301834

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. v. BA452318, BA462599, & BA466464) RENE BRYANT PALACIO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David C. Brougham, Judge. Affirmed as modified. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Stephanie C. Brenan, Supervising Deputy Attorney General, and Toni R. Johns Estaville, Deputy Attorney General, for Plaintiff and Respondent. ____________________

Appellant Rene Bryant Palacio and the prosecution agree one of Palacio’s three sentences is incorrect. They correctly say this sentence must correspond with the original sentence the superior court imposed before revoking Palacio’s probation. We agree and modify the judgment. Statutory references are to the Penal Code. I Four separate cases brought Palacio before the trial courts. In 2017, Palacio pleaded no contest to receiving stolen property in violation of section 496, subdivision (a). The case number was BA452318. In 2018, Palacio pleaded no contest to vandalism in violation of section 594, subdivision (a). This case was BA462599. Also in 2018, Palacio pleaded guilty to second degree commercial burglary in violation of section 459. This case was BA466464. In the first two cases, the superior court suspended imposition of sentencing. In the third case, the court sentenced Palacio to the low term of 16 months in county jail but suspended execution of the sentence. The court put Palacio on probation in all three cases. In 2019, the People brought a fourth case against Palacio— case No. KA120344—again for burglary. The court held the preliminary hearing for this case together with the probation violation hearing for Palacio’s other cases. The court found Palacio in violation of his probation and terminated his probation in all three cases. The court sentenced Palacio to the upper term of three years in each of his three probation cases.