P. v. Mahlet
Defendant Justin Jeremy Mahlet pleaded guilty to grand theft (Pen. Code, 487, subd. (a))[1]and admitted a prior conviction for assault with a deadly weapon ( 245, subd. (a)(1)). Following a contested hearing, the trial court sustained an allegation that the prior conviction was a serious felony within the meaning of the three strikes law. ( 667, subd. (b)-(i), 1170.12.) Defendant was sentenced to the lower term of 16 months, doubled to 32 months in state prison. The court also imposed a $600 restitution fine, stayed a $600 restitution fine pending successful completion of parole, and awarded 361 days of presentence custody credit (241 actual and 120 conduct days). Sacramento County sheriffs placed a bait vehicle, a truck equipped with an electronic tracking device, on Sunrise Boulevard. In the bed of the truck was a portable generator worth approximately $1,600. Defendant, who was driving a tow truck, cut the chain holding the generator and placed it in his truck. The tracking device led deputies to defendant, who confessed to stealing the generator.
Having undertaken an examination of the entire record, Court find no arguable error that would result in a disposition more favorable to defendant. The judgment is affirmed.
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