P. v. Bornes
In April 2004, defendant Spencer Lamar Bornes pleaded no contest to felony vandalism (Pen. Code, 594, subd. (b)(1)), in Shasta County Superior Court case No. 04F359. The charge arose out of an incident in which he attacked his half-sisters house with a sledgehammer and damaged her truck with an unknown object. The court suspended imposition of sentence and placed defendant on probation. On appeal, defendant contends the sentence imposed by the court was based on improper considerations and mistaken facts, was not an exercise of the courts discretion, and violates due process by punishing defendant for having previously exercised his right to jury trial. Court reject these contentions and affirm the judgment.
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