Baries

People v. Baries

Bad Law
1989 Cal. App. LEXIS 286·209 Cal. App. 3d 313·256 Cal. Rptr. 920
Court of Appeal of CaliforniaMarch 31, 1989No. H003879California3,890 words

Opinion

Lead Opinion

Cottle, J.

*316 Opinion

Defendant, Dorothy Fay Baríes, and the People both appeal contending that the sentence imposed pursuant to a guilty plea is unauthorized by law. This appeal raises only sentencing issues; therefore the facts are not relevant.

Baríes pleaded guilty to the following offenses: two counts of second degree burglary (Pen. Code, §§ 459, 460, subd. 2) and one count of escape from a county jail (Pen. Code, § 4532, subd. (b)). 1 She admitted being out of custody on bail when she committed the burglaries, invoking the crime-on-bail enhancement of section 12022.1. When she committed the burglaries she was on bail for offenses committed in Merced County on which a prison term of four years and four months was later imposed.

The court imposed this sentence: the midterm of two years on one of the burglary offenses (being the principal term within § 1170.1, subd. (a)); an eight-month consecutive subordinate term on the second burglary offense; a consecutive two-year term for the section 12022.1 enhancement; and an eight-month consecutive term for the escape. This five-year, four-month Santa Clara County sentence was imposed to run concurrently with the Merced County sentence.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.