P. v. Marichalar 6/26/03 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C042068

Case Date: 06/26/2003

Preview:Filed 6/26/03

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ---THE PEOPLE, Plaintiff and Respondent, v. DAMON MARK MARICHALAR, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Butte County, Thomas W. Kelly, J. Affirmed as modified. Phillip I. Bronson, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Stan Cross, Supervising Deputy Attorney General, Susan J. Orton, Deputy Attorney General, for Plaintiff and Respondent. Defendant Damon Mark Marichalar appeals from judgments imposed in three separate cases. In the first case, in October C042068 (Super. Ct. Nos. CM015954, CM016749, CM016857)

2001, he pled no contest to possession of methamphetamine for sale and received probation, which was revoked later (case No. CM015954). As conditions of probation, he was ordered to

serve 180 days of incarceration and pay a $200 restitution fine. 1

In the second case, in March 2002, defendant pled guilty to possession of methamphetamine for sale and admitted a narcotics prior conviction (case No. CM016749). In the third case, also in March 2002, defendant pled guilty to kidnapping (case No. CM016857). Defendant was sentenced to state prison for 12 years 4 months, consisting of eight years for the kidnapping (Pen. Code,1

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