WOODLAND, Calif. — A Yolo County Superior Court judge sided with the prosecution Thursday in a sentencing hearing for a man accused of burglary and grand theft, ruling that a 50/50 split between mandatory supervision and jail time was more appropriate than the 60/40 split requested by the defense.
The accused had previously entered a plea of no contest to six felony counts of second-degree burglary. He also submitted an Arbuckle Waiver, giving up his right to be sentenced by the same judge who heard his plea bargain.
Attorney Caryn Warren argued that her client, currently in custody, deserved consideration for a 60/40 split. She pointed to his efforts to improve himself while incarcerated, including working in the county jail kitchen, weekly one-on-one counseling, earning a food analyst certificate, attending classes at a Day Reporting Center, and making progress toward his GED.
Warren also noted that the accused admitted to the charges “at an early stage, prior to a preliminary hearing.”
Deputy District Attorney Gustavo Figueroa opposed the request, urging a 50/50 split due to what he described as an “ongoing infringing pattern” of behavior. He referenced the amount of money stolen and noted a separate case with similar charges pending against the accused in El Dorado County.
The probation report also recommended a 50/50 split between time in custody and mandatory supervision.
Judge Stephen L. Mock agreed with the prosecution and the probation report, citing the accused’s four prior felony convictions. “With that in mind, 50% custody and 50% out of custody is warranted,” he said.
The court sentenced the accused to six years and four months, which includes 1,156 days in custody and 1,156 days under mandatory supervision. He must also pay $300 in restitution to victims and $70 in court fees. Despite his efforts toward rehabilitation, the sentence will begin immediately.
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