People v. Franco CA4/2

INTRODUCTION

On May 7, 2014, a jury found defendant and appellant Ivan Garcia Franco guilty

of first degree burglary under Penal Code section 4591 (count 1); making criminal threats

under section 422 (count 2); assault with a deadly weapon under section 245, subdivision

(a)(1) (count 3); felony spousal battery under section 243, subdivision (e)(1) (count 4);

violating a domestic restraining order under section 273.6, subdivision (a) (count 5); and

misdemeanor infliction of mental suffering to a child under section 273a, subdivision (b)

(counts 6 and 7). They jury also found true the special allegation that another person was

present during the burglary under section 667.5, subdivision (c).

On June 6, 2014, the court sentenced defendant to state prison for the aggregate

term of six years for his burglary conviction (count 1); imposed and stayed sentences for

counts 2, 3 and 4 under section 654; and imposed concurrent sentences for counts 5,

and 7. Moreover, the court ordered defendant to pay $750 for defense costs, and $505 for

the preparation of the probation officer’s report.

On June 24, 2014, defendant filed a timely notice of appeal. On appeal,…