P.v . Calzaretta
A five count information charged defendant Terry Allen Calzaretta with assault with a deadly weapon other than a firearm (Pen. Code, 245, subd. (a)(1); a felony), and possession of a prohibited weapon ( 12020, subd. (b)(1); a felony); willfully resisting, delaying, or obstructing a peace officer ( 148, subd. (a)(1); a misdemeanor); and two counts of vandalism ( 594, subd. (b)(2)(A); both misdemeanors). After the jury convicted defendant on all counts, the court sentenced him to state prison for three years and eight months, consisting of three years on the first count, plus eight months on the second to run consecutively; defendant was also sentenced to 180 days in county jail on each of three misdemeanors, with credit for time served. Additionally, the court directed defendant to provide victim restitution pursuant to section 1202.4 and to submit blood and saliva specimens pursuant to section 296. He appeals, arguing the court erred in (1) excluding potentially impeaching evidence of a victims probation condition prohibiting the possession of weapons; (2) ordering restitution in favor of an individual who was not a victim of any crime for which he was convicted; and (3) ordering the involuntary collection of DNA samples. Only his second contention has merit and Court reverse the restitution order accordingly.
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