P. v. Hardy
Defendant entered a negotiated plea of no contest to receiving stolen property and possessing a short-barreled shotgun in exchange for dismissal of the remaining counts, with a Harvey waiver.
The trial court denied probation and sentenced defendant to three years and eight months in prison, consisting of three years (the upper term) for receiving stolen property, plus a consecutive eight months for possessing a short-barreled shotgun. The court ordered defendant to pay an $800 restitution fine, an $800 parole revocation fine, victim restitution in an amount to be determined and a $40 court security fee. The court declined to award defendant any pre-sentence custody credit, finding his custody status was not solely attributable to the instant offenses. Defendant appeals. Appellant did not obtain a certificate of probable cause. Having undertaken an examination of the entire record, the court found no arguable error that would result in a disposition more favorable to defendant.
Judgment Affirmed.
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