P. v. Taranto
On November 21, 2007, a felony complaint was filed in the Superior Court of Riverside County charging defendant with one count of uttering a criminal threat (Pen. Code, 422) while personally using a firearm (Pen. Code, 12022.5, subd. (a) and 1192.7, subd. (c)(8)) (count 1), one count of possession of a firearm by a felon (Pen. Code, 12021, subd. (a)) (count 2), and one count of resisting, delaying and obstructing a police officer in the discharge of his duties (Pen. Code, 148, subd. (a)(1) (count 3). The complaint further alleged that appellant had served one separate prison prior term (Pen. Code, 667.5, subd. (b)).
On January 7, 2008, defendant, represented by counsel, pled guilty to count one in exchange for the imposition of a three-year prison term, to run concurrent with any parole violation. In accordance with the negotiated disposition, the court ordered defendant to serve a three-year prison sentence, pay $200 in restitution, with an equal but stayed fine under Penal Code section 1202.45, to provide DNA samples, to pay a $20 court security fee, and awarded him 75 days of presentence credits. Victim restitution was left to be determined. Pursuant to the plea agreement and in the interests of justice, the remaining counts and special allegations were dismissed and stricken on motion of the district attorney (Pen. Code, 1385). The judgment is affirmed.
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