Faber

People v. Faber

Good Law
15 Cal. App. Supp. 5th 41·2017 Cal. App. LEXIS 825·223 Cal. Rptr. 3d 329
Superior Court of CaliforniaAugust 11, 2017BR 053153California6,233 words

Opinion

lead Opinion

Ricciardulli, J.

*43 I. INTRODUCTION

We determine here a court in sentencing a defendant on misdemeanor charges is not required to apply the aggravating and mitigating factors listed in the California Rules of Court for felonies, but may look to them for guidance. We also find the trial court did not abuse its discretion or act unconstitutionally by imposing a six-and-one-half-year jail sentence based on 13 counts of intentionally and knowingly violating protective orders ( Pen. Code, § 273.6, subd. (a) ).

The evidence at trial showed defendant Steven Thomas Faber 1 violated the orders by repeatedly contacting a person he previously *333 dated, primarily through text messaging, the Waze "smartphone" application, Instagram, and e-mails, and also by leaving letters and other items at her door and on her car. The court in sentencing relied on defendant's threatening conduct and his criminal sophistication. Defendant contends on appeal the court exceeded its sentencing discretion and that the sentence constituted cruel and unusual punishment. As discussed below, we affirm.

II. BACKGROUND

A. Facts

At trial, Kim K. (Kim) 2 testified she broke up with defendant at the beginning of May 2015, 3 after…

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