People v. Arce

Opinion

BENKE, J.

Defendant and appellant Jose Rubio Arce is a citizen of the Republic of Mexico and a lawful resident of the United States. In 2015, he pled guilty to possession for sale of one kilogram of heroin and one kilogram of cocaine. Under the terms of his plea agreement, Arce agreed that he would be sentenced to a total term of five years in jail and that he could ask the trial court to impose a “split sentence” under Penal Code 1 section 1170, subdivision (h)(5), which requires that in eligible cases a trial court suspend the concluding portion of a jail sentence and impose mandatory…