People v. Torres CA5

INTRODUCTION

Defendant Jose Torres was charged with first degree burglary (Pen. Code, §§ 459, 460, subd. (a); count 1), 1 felony vandalism (§ 594, subd. (a); count 2), and misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 3). At the pretrial conference, defendant entered a plea of guilty to counts 1 and 2, and the prosecutor dismissed count 3. The trial court gave an indicated sentence of two years eight months in state prison, 2 suspended, and felony probation for a period of three years, conditioned on serving 365 days in jail. In accordance with the indicated sentence, on November 12, 2020, defendant was sentenced to two years eight months in state prison, suspended; and placed on probation for three years with 365 days in jail. 3 Additionally, the court imposed a restitution fine of $500 under section 1202.4, subdivision (b)(1); a probation revocation restitution fine of $500 under section 1202.44, subdivision (a), suspended; a total court operations assessment of $80 under section 1465.8, subdivision (a)(1); a total court facilities assessment of $60 under Government Code section 70373, subdivision (a)(1); a $10 crime prevention fee…