P.

P. v. Valerio CA3

Good Law
Court of Appeal of CaliforniaJuly 29, 2013C072402California975 words

Opinion

Opinion

BACKGROUND

A jury found defendant guilty of assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1); count I), making criminal threats (§ 422; count II), and two counts of

Further undesignated statutory references are to the Penal Code.

1 misdemeanor vandalism (§ 594, subd. (a); counts III & IV). The jury found defendant used a deadly weapon in the commission of count II. (§ 12022, subd. (b)(1).) The trial court sentenced defendant to four years in state prison on count I and two years plus one year for the deadly weapon enhancement on count II, stayed pursuant to section 654. The court sentenced defendant to 30 days concurrent on count III and 30 days stayed on count IV. The court also imposed the following fines and fees: $240 restitution fines in accordance with sections 1202.4 and 1202.45; victim restitution of $1,174.25 (§ 1202.4, subd. (f)); a main jail booking fee of $340 (Gov. Code, § 29550.2); and a main jail classification fee of $62 (Gov. Code, § 29550.2). The court credited defendant with 354 days of presentence custody credit (177 actual & 177 conduct). Facts from jury trial Carlos Gomes owned an automobile detailing shop in Sacramento and defendant…

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