P. v. Gardner CA4/2
On September 29, 2016, a felony complaint charged defendant and appellant Mark Anthony Gardner with unlawful driving or taking a vehicle under Vehicle Code section 10851, subdivision (a) (count 1). The complaint also alleged that defendant had suffered a prior conviction for vehicle theft under Penal Code section 665.5, and six prison priors under Penal Code section 667.5, subdivision (b).
On January 30, 2017, defendant pled no contest to count 1, unlawful driving or taking a vehicle, and admitted that he had suffered a prior conviction for vehicle theft. In exchange, the parties agreed that the prison priors would be dismissed. The parties also agreed to the following sentence: four years in county prison under Penal Code section 1170h, subdivision (5)(b), with two years suspended and placed on mandatory supervision for two years. On the same day, the trial court sentenced defendant according to the terms of the plea agreement.
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