P. v. Spears CA1/1
Defendant Dominique Xavier Spears appeals from a restitution order entered pursuant to a plea of no contest to one count of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)), one count of second degree commercial burglary (Pen. Code, §§ 459, 460, subd. (b)) and admission of an enhancement that the commission of second degree commercial burglary occurred while released from custody (Pen. Code, § 12022.1). All other charges were dismissed. In accordance with the negotiated disposition, the trial court sentenced defendant to a total term of three years in state prison (with 297 days of presentence credit) and imposed various fines and fees. Defendant entered a Harvey waiver regarding the restitution to victims of the dismissed counts and the amount owed was put over for further proceedings.
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