People v. Kerr CA3

Good Law
Court of Appeal of CaliforniaJuly 21, 2016C079385California864 words

Opinion

Opinion

Filed 7/21/16 P. v. Kerr CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C079385

Plaintiff and Respondent, (Super. Ct. No. CM041526)

v.

MICHAEL DEAN KERR,

Defendant and Appellant.

Following his no contest plea to writing checks with insufficient funds (Pen. Code, § 476a, subd. (a)),1 the trial court sentenced defendant Michael Dean Kerr to a split three- year sentence, consisting of one year in county jail and two years of mandatory supervision. On appeal, defendant contends the trial court abused its discretion by selecting the upper term of three years. We disagree and affirm the judgment.

Undesignated statutory references are to the Penal Code.

DISCUSSION2

Under…

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