Baries
People v. Baries
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.…