P. v. Katello
In July 2012, defendant Anthony James Katello willfully and unlawfully inflicted corporal injury resulting in a traumatic condition upon V.B., his cohabitant, within seven years of a previous conviction of infliction of corporal injury.[1] Defendant also committed acts constituting false imprisonment.
Defendant pleaded no contest to infliction of corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (e)(1); count two) and false imprisonment (Pen. Code, § 236; count five). In exchange, three related counts were dismissed with a Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754.) Defendant was to be sentenced to prison for three years eight months.
Defendant requested release to the custody of a law enforcement chaplain for an hour or less to obtain some personal belongings. He agreed that, should he fail to return for sentencing, he would be sentenced to five years eight months. (See People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5.)
Defendant did not appear for sentencing as ordered. He was sentenced to prison for five years eight months, awarded 151 days’ custody credit and 151 days’ conduct credit, and ordered to pay a $480 restitution fine (Pen. Code, § 1202.4), a $480 restitution fine suspended unless parole is revoked (Pen. Code, § 1202.45), an $80 court operations fee (Pen. Code, § 1465.8, subd. (a)(1)), and a $60 court facilities assessment (Gov. Code, § 70373). Defendant obtained a certificate of probable cause.
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