P. v. Torres
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Defendant appealed a grant of probation containing a condition that he serve 180 days of confinement in county jail. Although the trial court misunderstood the imposition of custodial time as a probation condition for a felony violation of Vehicle Code section 2800.2, subdivision (a), the court stated that it would not impose less custodial time in the exercise of its discretion. Thus, the Second Appellate District affirmed the trial court’s ruling.
The court explained that the trial court had statutory discretion to impose jail confinement of up to one year as a condition of probation or to impose no jail sentence. (Pen. Code, Section 1203.1, subd. (a)(2).) The court wrote that the trial court’s remarks at sentencing clearly indicate that it would exercise its discretion and impose 180 days of confinement as a probation condition. Remand therefore would be an idle act because the court has indicated it would reach the same sentencing decision.
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