People v. Taylor CA3

BACKGROUND

Following jury deadlock and declaration of a mistrial, defendant pleaded no contest to possession of a firearm by a convicted felon (Pen. Code, § 29800, subd.

1 (a)(1)),1 admitted a prior serious felony strike conviction (§§ 667, subds. (b)-(i), 1170.12), and waived all accrued presentence credits. In exchange, two related counts were dismissed. The parties stipulated that on January 18, 2013, in Sacramento County, defendant possessed a firearm. He previously had been convicted of a felony violation of section 273.5 in Solano County in August 2011. The strike allegation was based on defendant’s January 2007 Contra Costa County conviction for violating section 459. The trial court sentenced defendant to state prison for the stipulated term of four years, awarded him 20 days of custody credit and 20 days of conduct credit for the period following the plea, and ordered him to pay a $280 restitution fine (§ 1202.4, subd. (b)(1)), a $280 suspended restitution fine (§ 1202.45), a $40 court operations fee (§ 1465.8, subd. (a)(1)), and a $30 court facilities assessment (Gov. Code, § 70373). Defendant appealed, but did not request or obtain a certificate of probable cause. (§…