P. v. Conto
Defendant, Joseph Conto, appeals after he pled nolo contendere to two counts of making felony criminal threats (Pen. Code,[1] 422) and admitting that he had served two prior prison terms for felonies ( 667.5, subd. (b)). On May 1, 2008, the trial court sentenced defendant to five years and eight months in state prison. The court suspended execution of the sentence and placed defendant on formal probation for three years on condition that defendant serve 141 days in county jail. Defendant was awarded 141 total custody days consisting of 95 days of actual custody plus 46 days of conduct credit. Defendant was ordered to pay a restitution fine of $200 ( 1202.4, subd. (b)) and a $20 court security assessment fee ( 1465.8, subd. (a)).
On June 23, 2009, defendant was convicted of two misdemeanors: resisting, obstructing or delaying a peace officer ( 148, subd. (a)(1)) and driving without a license (Veh. Code, 12500). On August 13, 2009, the trial court found defendant in violation of the terms of his probation due to the section 148 conviction. The court sentenced defendant to five years and eight months in state prison. The court imposed a $200 restitution fine ( 1202.4, subd. (b)) and a $200 parole restitution fine ( 1202.45). Defendant was ordered to pay a $20 court security fee. The trial court awarded defendant a total of 268 days of credit.
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