People v. Barr CA3

I. BACKGROUND

Defendant resolved multiple cases by pleading no contest to specified counts on November 5, 2020. Relevant to this appeal, in case No. 19CF05289, defendant pled no contest to receiving stolen property (Pen. Code, § 496, subd. (a)),1 and in case No. 20CF01390, defendant pled no contest to criminal threats (§ 422, subd. (a)). Defendant agreed to a stipulated term comprised of the upper term for the criminal threats count plus a consecutive term for the stolen property count. The remaining counts and all other allegations were dismissed. The stipulated factual bases for the pleas were taken from defendant’s declaration of probable cause for detention and bail setting documents for the respective cases. The probation department prepared presentence reports limited to the calculation of fines, fees, and custody credits for these cases, and sentencing was held on January 7, 2021. The trial court sentenced defendant in accordance with the plea agreement to an aggregate prison term of three years eight months. The trial court further incorporated by reference the fines and fees recommended in the probation report, thereby requiring that defendant pay a $300 restitution fine…