People v. Bolian

Opinion

FLIER, J.

Bruce Leonard Bolian appeals from the trial court’s judgment revoking his probation and executing a previously imposed sentence of five years in state prison. We reverse and remand for the limited purpose of determining whether to reinstate or terminate probation, as it appears the court may have misunderstood the scope of its discretion.

FACTS AND PROCEDURE

In December 2011, appellant was charged in an amended information with one count of possession of a deadly weapon (a billy club) in violation of Penal Code former section 12020, subdivision (a)(1). The amended information…