Burnett

Defendant Christopher Allen Burnett entered into a negotiated plea of no contest to first degree residential burglary (Pen. Code, § 459) in case No. 01F07196, to lewd or lascivious acts upon a child under the age of 14 by use of force (Pen. Code, § 288, subd. (b)(1)) in case No. 01F07196, and to driving under the influence of alcohol and causing injury (Veh. Code, § 23153, subd. (b)) in case No. 01F07701. In exchange for his plea, the remaining charges and enhancements were dismissed.

The trial court sentenced defendant to an aggregate term of 15 years in state prison, comprised of the middle term of four years for the burglary, the upper term of eight years for the lewd acts, and the upper term of three years for driving under the influence, each being a full and consecutive term. He was given credit for 348 days of actual custody and 52 days of conduct credit (§ 2933.1), for a total of 400 days of credit in case No. 01F07196. The trial court imposed restitution fines of $2,400 in case No. 01F07196 and $200 in case No. 01F07701 (§ 1202.4) and suspended additional restitution fines in the same amounts pending successful completion of parole (§ 1202.45). The trial court…