P. v. Bazley
Between February 13, 2012, and February 22, 2012, defendant Michael Bazley stole checks belonging to Kathleen Rosing and deposited them in his bank account. As a result, SAFE Credit Union suffered a $400 loss and Golden 1 Credit Union incurred a loss of $3,799.73.
Defendant was charged with second degree burglary ( ADDIN BA xc <@st> xl 16 s FKLFAW000001 xpl 1 l "Pen. Code, § 459" Pen. Code, § 459),[1] possession of a completed check or other financial instrument with intent to utter or pass it fraudulently ( ADDIN BA xc <@osdv> xl 16 s FKLFAW000015 xpl 1 l "§ 475, subd. (c)" § 475, subd. (c)), and identity theft ( ADDIN BA xc <@osdv> xl 18 s FKLFAW000016 xpl 1 l "§ 530.5, subd. (a)" § 530.5, subd. (a)) with an allegation that he had a prior conviction for a serious felony under the "Three Strikes" law -- a 1967 Louisiana conviction for armed robbery. Pursuant to a negotiated plea, defendant pled no contest to identity theft with a stipulated sentence of three years in state prison in exchange for dismissal of the remaining charges and the strike allegation. The trial court sentenced defendant to the stipulated three-year state prison term, imposed various fines and fees, ordered defendant to pay $4,199.73 in victim restitution, and awarded 402 days’ presentence credit (201 actual and 201 conduct).
Defendant appeals. His request for a certificate of probable cause was denied.
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