People v. Sutton CA4/2

STATEMENT OF FACTS

The instant proceedings began in April 2014 when the People filed a felony

complaint charging defendant with commercial burglary and felony vandalism. (§§ 459,

594, subd. (a).) After competency proceedings resulted in a finding of competence to

stand trial, defendant2 elected to plead no contest in return for probation, 180 days in

county jail and a similar period of community service. Imposition of sentence was

suspended. Sentencing took place on July 22, 2014.

On August 5, 2014, a new felony complaint was filed charging defendant with

another commercial burglary, theft, and receiving stolen property. (§§ 459, 484,

subd. (a)/488, 496.) Probation in the first case was ordered revoked.

1 All subsequent statutory references are to the Penal Code unless otherwise specified.

2Apparently conservatorship proceedings were pending with respect to defendant.

3 By the time of sentencing defendant had served the required period in jail, and was released.

2 Although attempts to resolve the matter(s) were apparently in progress, at a

hearing on October 6, 2014, there were indications that yet another case had been filed,

and defense counsel asked for a delay…