P. v. Fobbs CA1/2
This timely appeal is from a judgment and sentence to state prison entered upon the defendant’s pleas of no contest to seven felonies (six first degree burglaries, one attempted first degree burglary), his admission of an enhancement allegation applicable to all the felonies, and his admission that he had a prior conviction that qualified as a so-called strike according to the Three Strikes law. Twenty-six other charges of first degree burglary were dismissed. Defendant was ultimately sentenced to state prison for an aggregate term of 34 years and eight months. The only issue on appeal is the validity of the restitution order, specifically, whether restitution was properly ordered for the victims of the dismissed counts.
The essential terms of the negotiated disposition between defendant Johnny Fobbs and the prosecution were spelled out in a “Declaration Concerning a Plea or Change of Plea.”
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