P.

P. v. Montgomery CA3

Good Law
Court of Appeal of CaliforniaJuly 29, 2013C072480California637 words

Opinion

Opinion

BACKGROUND

Defendant pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); case No. 11F7199, count one), unlawful taking of a vehicle (Veh. Code, § 10851; case No. 12F679, count one), second degree commercial burglary

1 1 (Pen. Code, §§ 459, 460, subd. (b); case No. 12F795, count one), and resisting an officer (§ 148, subd. (a)(1); case No. 12F795, count three). Defendant admitted a prior serious felony allegation. (§§ 667, subds. (b)-(i), 1170.12.) In exchange, several related counts and enhancements were dismissed along with two unrelated cases (Nos. 11F8159, 2 12F2445), the last with a Harvey waiver. The trial court denied defendant’s motion to dismiss the prior strike and sentenced him to prison for five years four months, awarded 44 days of custody credit and 44 days of conduct credit, and ordered him to pay a $1,920 restitution fine (§ 1202.4), a $1,920 restitution fine suspended unless parole is revoked (§ 1202.45), a $190 laboratory analysis fee (Health & Saf. Code, § 11372.5, subd. (a)) including penalty assessments, a $160 court operations fee (§ 1465.8, subd. (a)(1)), a $120 court facilities assessment (Gov. Code, § 70373), and a…

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