By Leslie Acevedo
VENTURA, CA – A man in Ventura County Superior Court Friday was charged with felony owning, possessing and controlling a firearm by felon or addict, and was sentenced to 16 months in prison, which could have been much if the judge had been less lenient.
The accused was represented by Kathia Benthale on behalf of her colleague. Judge Bryce A. Young heard the case, while Deputy District Attorney Rameen Minoui represented the prosecution.
Judge Young acknowledged the prosecution’s position of imposing the 2016 strike, although a prior preliminary hearing discussed striking the strike and imposing a low term of 16 months in the Dept. of Corrections.
DDA Minoui insisted the strike should apply to this case because of prior behavior.
The accused has had the strike since he was about 18 years of age from March 2016, the court learned. So, considering the age of the strike, the age of the accused and other mitigating factors, Judge Young dismissed the strike, despite the DDA’s position..
Judge Young imposed the low term of 16 months on Count 1, awarding 197 actual days of credit.
And, because the accused has limited ability to pay fines and fees, Judge Young imposed a $300.00 state restitution fine, imposing a second restitution fine pending successful completion of parole, and a three-year parole period out of custody with supervision by the Dept. of Corrections.
Count 2 was accordingly dismissed by Deputy District Attorney Minoui. The accused was remanded to be transferred to the CA Dept. of Corrections.