P. v. Flannery CA3
A jury found defendant Kevin Joseph Flannery guilty of stalking in violation of a court order (Pen. Code, § 646.9, subd. (b); count I) and 47 counts of violating a restraining order (§ 273.6, subd. (a); counts II-XLVIII). Imposition of sentence was suspended and defendant was placed on probation for five years on the condition, among others, that he serve one year of incarceration on count I plus a consecutive year of incarceration on count II. The court stayed the imposition of sentence on the remaining counts “pending violation of probation.” He was awarded 130 days’ custody credit and 130 days’ conduct credit on count one and no presentence credit on count two. In addition, he was ordered to pay a $4,900 restitution fine (§ 1202.4), a $4,900 restitution fine suspended unless probation is revoked (§ 1202.44), a $400 Domestic Violence Fund fee (§ 1203.097, subd. (a)(5)(A)), and a $35 administrative fee.
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