P. v. Caban
Timothy Michael Caban entered a negotiated guilty plea to battery with serious bodily injury (Pen. Code,[1] 243, subd. (d)) and admitted personally inflicting great bodily injury ( 12022.7, subd. (a)) and committing a hate crime ( 422.75, subd. (a)). Caban also admitted he had a prior serious/violent felony or strike conviction ( 667, subds. (b)-(i)) and a prior serious felony conviction ( 667, subd. (a)(1)). The plea bargain called for a stipulated prison sentence of 17 years for this case and a companion case. At sentencing, the trial court sentenced Caban to 12 years in prison in this case by imposing the low term of two years on the battery, which was doubled under the Three Strikes Law, plus a five-year enhancement for the prior serious felony ( 667, subd. (a)(1)) and a three-year enhancement for inflicting great bodily injury.[2] The court stayed imposition of the hate crime enhancement pursuant to the stipulation of the parties. ( 654.) In addition, the court imposed a restitution fine of $3,400 ( 1202.4, subd. (b)) and imposed victim restitution ( 1202.4, subd. (f)) in the amount of $1,088.86, subject to modification at a later date if additional bills were submitted. The court awarded Caban a total of 240 days custody credit. Caban did not obtain a certificate of probable cause.
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