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The People v. Michael Allen Hyman

August 29, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MICHAEL ALLEN HYMAN, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F7571)

The opinion of the court was delivered by: Raye , P. J.

P. v. Hyman

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

On September 7, 2008, defendant Michael Allen Hyman entered a motel room and punched the resident in the face while another man took a DVD player from the bed. Defendant and the other man then fled the room.

Defendant pled no contest to first degree burglary. (Pen. Code, § 459.) The court imposed a stipulated prison term of six years, suspended execution of sentence, and placed defendant on three years' formal probation.

Defendant subsequently admitted violating probation by testing positive for methamphetamine. The court imposed the suspended six-year term with 236 days of actual presentence credit and 118 days of presentence conduct credit.

On appeal, defendant contends it was an abuse of discretion for the trial court to deny his request to be evaluated for commitment to the California Rehabilitation Center (CRC). We shall affirm.

BACKGROUND

Defendant requested probation at the sentencing hearing. In support of his claim, defendant presented testimony describing his long-term addiction to methamphetamine and his fitness for probation.

The People replied by pointing out defendant's extensive criminal record and failed CRC placement. The probation report detailed defendant's criminal history, which included six prior felony convictions, seven misdemeanor convictions, seven probation violations, four parole violations, and a failed CRC commitment since 1994. It noted defendant was out of prison for only 23 hours when he committed the robbery in this case.

The court found defendant's burglary conviction and numerous prior felony convictions rendered him presumptively ineligible for probation. In addition, the court observed defendant should not have been placed on probation in light of his criminal history and numerous parole and probation violations. The court rejected defendant's request to continue sentencing for six months to allow defendant to participate in a drug program. Finding no legal basis to overcome the presumption against probation, the court denied probation and executed the original six year prison term.

After the court pronounced sentence, defense counsel asked "that the Court consider CRC. I didn't want to interrupt the Court, but he is asking for that." The court denied the request stating, "He was already previously sentenced to CRC and was either ...


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