P. v. Daugherty
Filed 10/12/10 P. v. Daugherty CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE
DISTRICT
DIVISION THREE
THE PEOPLE,
Plaintiff and
Appellant,
v.
MICHAEL SEAN DAUGHERTY,
Defendant and
Respondent.
G042857
(Super. Ct.
No. 07NF0133)
O P I N I O
N
Appeal from a judgment
of the Superior Court
of Orange
County, Robert R. Fitzgerald, Judge. Appeal dismissed.
Tony Rackauckas,
District Attorney, Daphne Sykes Scott, and Ana Chinowth, Deputy District
Attorneys, for Plaintiff and Appellant.
Edward J. Haggerty,
under appointment by the Court of Appeal, for Defendant and Respondent.
*
* *
Defendant
Michael Sean Daugherty pleaded guilty to all four counts alleged against him,
including one count of possession of materials with the intent to unlawfully
make a destructive device. (Pen. Code,
§ 12312.)[1] In accordance with defendant's expectations,
the court first imposed a sentence of
six years, four months in prison, then
suspended execution of the sentence and granted formal probation (including 365
days in county jail). The People appeal
the allegedly illegal sentence. We
dismiss the appeal because the People are not entitled to appeal the court's
grant of probation. (§ 1238, subd.
(d).)[2]
FACTS
A
January 6, 2007 incident led
to an information accusing defendant of the following: count 1, discharging a firearm with gross
negligence (§ 246.3); count 2, possession of materials with intent to
unlawfully make a destructive device (§ 12312); count 3, assault with a firearm
(§ 245, subd. (a)(2)); and count 4, making a criminal threat (§ 422).
On
August 31, 2009, defendant
executed and filed a form â€
| Description | Defendant Michael Sean Daugherty pleaded guilty to all four counts alleged against him, including one count of possession of materials with the intent to unlawfully make a destructive device. (Pen. Code, § 12312.)[1] In accordance with defendant's expectations, the court first imposed a sentence of six years, four months in prison, then suspended execution of the sentence and granted formal probation (including 365 days in county jail). The People appeal the allegedly illegal sentence. We dismiss the appeal because the People are not entitled to appeal the court's grant of probation. (§ 1238, subd. (d).)[2] |
| Rating |
