P. v. Getz
On July 24, 2003, the Fresno County District Attorney filed a first amended information in superior court charging appellant as follows: count I rape of an incompetent person (Pen. Code, S 261, subd. (a)(1)); count II elder/dependent abuse (S 368, subd. (b)(1)); and count III maliciously removing, obstructing, or severing a telephone line (S 591).
On June 22, 2005, appellant was arraigned, waived his right to a jury trial, and a court trial commenced.
On June 30, 2005, the court found appellant guilty of all three counts.
On March 4, 2006, the court denied appellant probation and sentenced him to a total term of eight years in state prison. The court imposed the upper term of eight years on count I and concurrent terms of four years on count II and two years on count III. The court awarded appellant 1,303 days of custody credits, imposed a $1,600 restitution fine (Pen. Code, S 1202.4, subd. (b)), imposed and suspended a second such fine pending successful completion of parole (S 1202.45), and ordered appellant to pay $3,465 in restitution (S 1202.4, subd. (f)). The court also ordered appellant to pay $8,537 to the Office of the Public Defender for expert witness fees and ordered him to register as a sex offender (S 290).
On April 3, 2006, appellant filed a timely notice of appeal.
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