Fisher

The People v. Fisher

Good Law
156 Cal. Rptr. 3d 836·2013 Cal. App. LEXIS 368·216 Cal. App. 4th 212·2013 WL 1942822
Court of Appeal of CaliforniaMay 10, 2013C070295California2,429 words

Opinion

Opinion

Hoch, J.

A jury convicted defendant Timothy Fisher of delivering a letter with intent to extort money or other property (Pen. Code, § 523) and found a prior prison term allegation (§ 667.5) to be true.

Sentenced to county jail pursuant to section 1170, subdivision (h), for an aggregate term of four years, defendant appeals. He contends (1) insufficient evidence supports his conviction, (2) he was entitled to day-for-day conduct credit, (3) the trial court imposed an unauthorized sentence when it issued an order restraining defendant from contacting the victim, and (4) the minute order erroneously reflects he was sentenced as a two-strike offender. We conclude defendant’s demand for a job constituted a demand for property for purposes of the extortion statute. Accordingly, there is sufficient evidence supporting defendant’s conviction. As to the conduct credit, restraining order, and sentencing minutes, defendant’s contentions have merit. Defendant is entitled to day-for-day credits. The restraining order must be vacated because there is no authority for such a restraining order. And the sentencing minutes must be corrected to delete reference to defendant as a two-strike…

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