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PEOPLE v. NOCELOTL

No. B236738.

211 Cal.App.4th 1091 (2012)

THE PEOPLE, Plaintiff and Respondent, v. ARMANDO XIQUE NOCELOTL, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

As modified December 17, 2012.

Attorney(s) appearing for the Case

Michael V. Severo for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Chung L. Mar and Seth P. McCutcheon , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.

A negotiated decision specifying that probation would be granted if a diagnostic report (Pen. Code, § 1203.03)1 were "favorable" necessarily incorporates the provisions of section 1203.03 as part of the agreement. This Penal Code section requires the Director of the Department of Corrections and Rehabilitation (Department of Corrections) to make "his" recommendation on whether probation or...

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