P. v. Young
After the court denied a motion to substitute appointed counsel (People v. Marsden (1970) 2 Cal.3d 118), Orson Young entered a negotiated guilty plea to stalking in violation of a temporary restraining order. (Pen. Code, 646.9, subd. (b).) He admitted personally using a firearm during the crime. ( 12022, subd. (b)(1), 1192.7, subd. (c)(23).) On June 18, 2004, the court suspended imposition of sentence and placed him on five years' probation including conditions he serve 365 days in custody, report to the probation department as directed, successfully complete a stalking program and not contact, annoy or molest the victim. It ordered Young to pay a $239 fine, a $200 restitution fine, and $1,575 restitution to the victim. On March 10, 2005, the court revoked and reinstated probation after Young admitted failing to report to the probation department and failing to attend stalking classes. The court conditioned reinstatement of probation on Young serving 365 days in custody with credit for 231 served. Young waived good time credit and the court stayed the balance of the 365-day custody condition. On May 11, 2005, the court revoked probation after Young admitted violating the court order he not contact the victim. The court sentenced him to prison for four years: the three year middle term for stalking enhanced one year for weapon use. It awarded no good time credit for time served and ordered Young to pay a $600 restitution fine and a probation revocation restitution fine in an undesignated amount ( 1202.44.) Young contends the trial court erred in denying good time credit for time he served after he waived past good time credit on March 10, 2005, in increasing the restitution fine from $200 to $600, and in imposing the probation revocation restitution fine.
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