P. v. High
Pursuant to a negotiated settlement, defendant John Blewford High pled guilty to corporal injury on a spouse or cohabitant and admitted a prior conviction for the same offense (Pen. Code, 273.5, subds. (a), (e)(1)). His plea and admission were given in exchange for a state prison sentence of no greater than the middle term of four years, the option to argue for probation, the dismissal of two other counts, and the dismissal of an enhancement for service of a prior prison term.
At sentencing, the court observed that defendant was not eligible for probation unless the court found unusual circumstances for the granting of probation, and the court did not so find. The court also observed that even in the absence of the unusual circumstance limitation on probation, the court would not have granted defendant probation because of his extensive prior conviction record, which included two felony convictions and several misdemeanor convictions.
The court sentenced defendant to the middle term of four years, and imposed restitution fines of $400 each in accordance with Penal Code sections 1202.4 and 1202.45 and a court security fee of $20 (Pen. Code, 1465.8). The trial court awarded a total of 201 days of presentence custody credit.
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