California, United States of America
The following excerpt is from People v. Bringazi, A140686 (Cal. App. 2014):
After considering the evidence, the trial court imposed the maximum penalty permitted by law. ( 3000.08, subd. (g) [confinement may not exceed 180 days in county jail].) This penalty exceeded the parole agent's recommendation of 135 days return to custody. In its ruling, the court explained it had reviewed Bringazi's prior history of parole violations, and this was his fifth. It opined he was not learning from his prior violations, and it therefore imposed a penalty of 180 days in custody. The trial court's findings are supported by substantial evidence, and we cannot say the trial court abused its discretion in imposing the maximum penalty permitted by law. (See People v. Urke (2011) 197 Cal.App.4th 766, 773 [appellate court will reverse trial court's exercise of discretion in revoking probation only in extreme cases].)
The order from which the appeal is taken is affirmed.
/s/_________
Jones, P.J.
We concur:
/s/_________
Simons, J.
/s/_________
Needham, J.
Footnotes:
1. All statutory references are to the Penal Code.
2. The petition cited no specific section of the Penal Code in connection with this violation.
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