P.

P. v. McGlothin CA2/2

Good Law
Court of Appeal of CaliforniaMay 2, 2013B242058California1,859 words

Opinion

Opinion

BACKGROUND

Procedural history Defendant was charged with one count of first degree burglary in violation of Penal Code section 459.1 The amended information specially alleged pursuant to the “Three Strikes” law and the Justice Realignment Act of 2011,2 that defendant had suffered a prior serious or violent felony conviction or juvenile adjudication in 2009. After the trial court denied defendant’s motion to suppress evidence (pursuant to section 1538.5), she withdrew her plea of not guilty and pled no contest to the charge and admitted the prior conviction allegation. On June 11, 2012, the trial court struck the prior conviction allegation on its own motion and sentenced defendant to the low term of two years in prison, with a total of 112 days of custody credits. The court also ordered defendant to pay $400 in victim restitution in addition to mandatory fines and fees, including a $200 restitution fine. Defendant filed a timely notice of appeal. Prosecution evidence At the hearing on defendant’s evidence suppression motion, Los Angeles Police Officer Sunny Sasajima testified that several residential burglaries had been committed in the Leimert Park neighborhood shortly before…

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