Ramsey

Procedural Background

On or about November 13, 1997, an information was filed against appellant James Allen Ramsey, alleging that between December 16, 1996, and January 28, 1997, appellant discharged concrete and other materials into and near the Santa Clara River, and altered the banks of this river. Count 1 charged appellant with discharge of pollutants into navigable waters, which is a felony (Wat. Code, § 13387, subd. (c)). Counts 2 and 3 charged appellant with two misdemeanors, namely, illegal alteration of a streambed (Fish & G. Code, § 1603, subd. (a)), and littering of a stream bank (Pen. Code, § 374.7, subd. (a)). Appellant pleaded not guilty.

Trial by jury began on August 21, 1998. On August 31, 1998, the jury found appellant guilty on all three counts. The trial court placed’ appellant on formal felony probation for three years, provided that appellant serve the first 180 days in county jail, and suspended 150 days of this period in jail on the condition that appellant complete a 15-week weekend custody program and comply with the conditions of probation. In addition, the trial court imposed a fine of $5,000 plus a penalty assessment (Wat. Code, §…