Fear Not Law Articles: P. v. Byrd

P. v. Byrd

Filed 1/17/07 P. v. Byrd CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

GERALD BYRD,

Defendant and Appellant.

F050357

(Super. Ct. Nos. VCF134601 & VCF136392)

OPINION

THE COURT^*

APPEAL from a judgment of the Superior Court of Tulare County. Ronn M. Couillard, Judge.

Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.

-ooOoo-

Appellant Gerald Byrd pled no contest to two counts of robbery (Pen. Code, § 211) charged in two separate cases, viz., Tulare County Superior Court case Nos. VCF134601 (case No. 1) and VCF136392 (case No. 2), respectively. The court imposed a prison term of three years, consisting of the two-year lower term in case No. 1 and one year, representing one-third of the midterm, in case No. 2.

Byrd appealed. This court (1) held the trial court erroneously believed it was without discretion to grant probation absent a finding of unusual circumstances, (2) vacated the sentence and (3) remanded for resentencing.^{^[1]}

On remand, the court again denied probation and imposed a prison term of three years. The court gave the following reasons for denying probation: Byrd's conduct indicated he was â€

Description	Appellant Gerald Byrd pled no contest to two counts of robbery (Pen. Code, S 211) charged in two separate cases, viz., Tulare County Superior Court case Nos. VCF134601 (case No. 1) and VCF136392 (case No. 2), respectively. On remand, the court again denied probation and imposed a prison term of three years. The court gave the following reasons for denying probation: Byrd's conduct indicated he was" a danger to society to some extent," and the victim of one of the robberies was "vulnerable." That victim was a woman who was walking up to a bank to make a deposit. The court imposed a prison term of three years, consisting of the two-year lower term in case No. 1 and one year, representing one-third of the midterm, in case No. 2.
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