P. v. Warth
Defendant, Thad Warth, appeals from a judgment entered after a jury convicted him of firearm possession after having previously been convicted of a felony. (Former Pen. Code,[1] § 12021, subd. (a)(1) now § 29800, subd. (a)(1).) The information alleged defendant was in possession of a firearm on December 21, 2010. Count 1 alleged defendant had been convicted of burglary on June 23, 1988. Count 2 of the information alleged, on or between August 30, and September 1, 2010, defendant committed grand theft of property exceeding $950. (§ 487, subd. (a).) The jury acquitted defendant of count 2 and two lesser included offenses of attempted grand and attempted petty theft. The jury deadlocked on a third potential lesser included offense of attempted petty theft. The trial court granted a mistrial as to the third lesser included offense. The trial court granted the prosecution’s motion to dismiss count 2 pursuant to section 1385, subdivision (a).
The trial court placed defendant on formal probation for three years. Defendant was ordered to pay a: restitution fine of $200 (§ 1202.4, subd. (b)(1)), $200 (§ 1202.45); probation restitution fine of $200 (§ 1202.44); $40 court security assessment fee (§ 1465.8, subd. (a)(1); and $30 criminal conviction fee (Gov. Code, § 70373, subd. (a)(1)). The oral pronouncement of judgment gave defendant three days for actual time served. The trial court did not grant defendant any conduct credits. However, the minute order states that defendant received six days of credit consisting of three days of actual credit plus three days of conduct credit.
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