MARICHALAR
People v. MARICHALAR
Opinion
Opinion
Defendant Damon Mark Marichalar appeals from judgments imposed in three separate cases. In the first case, in October 2001, he pled no contest to possession of methamphetamine for sale and received probation, which was revoked later (case No. CM015954). As conditions of probation, he was ordered to serve 180 days of incarceration and pay a $200 restitution fine.
In the second case, in March 2002, defendant pled guilty to possession of methamphetamine for sale and admitted a narcotics prior conviction (case No. CM016749).
In the third case, also in March 2002, defendant pled guilty to kidnapping (case No. CM016857).
Defendant was sentenced to state prison for 12 years 4 months, consisting of eight years for the kidnapping (Pen.Code, [1] § 207), three years for the prior conviction (Health & Saf.Code, § 11370.2, subd. (c)), and eight months each for the possessions of methamphetamine for sale (Health & Saf.Code, § 11378). He was awarded 314 days of custody credit arising from two separate incarcerations on the 2001 and 2002 offenses. He was awarded 47 days of conduct credit pursuant to the 15 percent limitation for violent felonies. (§§ 667.5, subd. (c)(14), 2933.1,…