By Audrey Sawyer
MODESTO, CA – After pleading no contest to felony grand theft of five cell phones, and felony robbery, a man went from having zero strikes to two strikes after a hearing last week here in Stanislaus County Superior Court.
Judge Carrie Stephens informed the accused that, according to California law, the three strikes law significantly increases the prison sentences of persons convicted of felonies who have previously been convicted of a violent or serious felony, which makes it difficult for these individuals to obtain rulings other than a prison sentence.
Judge Stephens added that as a result of the two no contest pleas, the accused will now have two strikes, and that if he commits another felony, he will be subject to a “mandatory state prison sentence twice the term.”
Judge Stephens noted that depending on the subsequent defense charge, the term would be “at least 25 years to life,” and if the accused is sentenced to prison, the maximum amount of credits that she could order for his time served so far is 15 percent good in work time credits.
In the circumstances of the accused committing a felony later, he would have to serve any time in custody in state prison and would only be eligible to receive 20 percent in work time credits for any future felony offenses.
The accused pleaded no contest to using force to take personal property of the victim with various enhancements, one alleging that during the offense, the accused admitted to personally using a firearm. A special circumstance described the victim being particularly vulnerable in being unable to defend themselves.
In the first case, it is another felony grand theft with similar allegations of taking multiple cell phones.
The accused must pay $300 restitution in each case to the named victim, along with having to submit to DNA sampling (finger and handprint). The accused is unable to possess or own any firearms.
While Judge Stephens attempted to delay sentencing to April 9, the defense emphasized the accused wanted to come back sooner. Judge Stephens then set sentencing for March 29.
