Begnaud

People v. Begnaud

Bad Law
1 Cal. Rptr. 2d 507·1991 Cal. App. LEXIS 1331·235 Cal. App. 3d 1548·91 Daily Journal DAR 14127·91 Cal. Daily Op. Serv. 9074
Court of Appeal of CaliforniaNovember 15, 1991E009064California3,996 words

Opinion

Opinion

Hollenhorst, J.

—This case is before us a second time because of alleged errors in the court’s resentencing of defendant. We affirm.

Facts

In the first appeal, in an unpublished opinion, this court affirmed the defendant’s conviction for commercial burglary but reversed his conviction for assault on a police officer because of ineffective assistance of counsel.

On January 18, 1991, the People dismissed the assault charge and defendant was sentenced on the commercial burglary. The trial court imposed an aggravated term of three years for this count along with a one-year enhancement pursuant to Penal Code section 667.5, subdivision (b) for a total term of four years. At the original sentencing in 1989, the court had set the assault as the principal term and imposed a middle term of four years on that count, a one-year enhancement under section 667.5 and a consecutive one-third the middle term of two years on the burglary for a total sentence of five years and eight months.

Contentions

Defendant in essence contends he was penalized for his successful appeal by the court’s imposition of a greater sentence on remand. He also contends the court failed to state adequate reasons for…

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