P.

P. v. Patterson CA4/1

Good Law
Court of Appeal of CaliforniaApril 30, 2013D062345California3,142 words

Opinion

Opinion

INTRODUCTION

This case arose when Kirk Anthony Patterson, a documented gang member with a

substantial criminal history, assaulted his girlfriend in the parking lot outside of her

apartment. A jury found him guilty of inflicting corporal injury on a former cohabitant

resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a); undesignated statutory

references will be to the Penal Code.) At the sentencing hearing, the court suspended the imposition of sentence for three

years and placed Patterson on three years of formal probation. However, as a condition

of probation, the court imposed a 365-day jail term by committing Patterson to the

custody of the San Diego County Sheriff's Department for that period of time, stayed the

execution of the jail term "pending successful compl[etion] of probation," and gave him a

total of 73 days of credit under section 4019 for time served in local presentence custody

(consisting of 37 days of credit for time actually served plus 36 days of custody credit).

As an additional condition of probation, the court ordered Patterson to pay a total

of $1,664 in fines, assessments, and fees─specifically, an $800 base fine, a $40…

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