P. v. Banuelos
Pursuant to a negotiated settlement in four cases, defendant pled guilty as follows:
In case No. 05F7990, to assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)); in case No. 05F9492, to assault with a deadly weapon ( 245, subd. (a)(1)); in case No. 06F1564, to assault with a deadly weapon ( 245, subd. (a)(1)) plus an admission of an on-bail enhancement ( 12022.1, subd. (b)); and in case No. 06F1565, to assault ( 243, subd. (d)) and vandalism ( 594, subd. (b)(1)), each a misdemeanor. In exchange for defendants pleas and admissions he was promised no more than seven years in prison and the dismissal of other charges.
Defendant received a seven-year term as follows: In case No. 05F7990, the middle term of three years; in cases Nos. 05F9492 and 06F1564, an effective consecutive term of one year each plus two years consecutive for the on bail enhancement; and in case No. 06F1565, credit for time served. The court imposed restitution fines of $700 each pursuant to sections 1202.4 and 1202.45, a court security fine of $20 in each case pursuant to section 1465.8, an administrative fee of $400 pursuant to section 1202.4, subdivision (a), restitution of $4,024.31 pursuant to section 1202.4, subdivision (f), to the victim/witness program; and victim restitution to William Smith of $1,383.97. The court awarded defendant 272 days of presentence custody credit. The judgment is affirmed.
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