P. v. Thoreson 9/21/06 CA6

State: California

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

Docket No: H029705

Case Date: 11/30/2006

Preview:Filed 9/21/06 P. v. Thoreson CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. MARTIN ADRIAN THORESON, Defendant and Appellant.

H029705 (Santa Clara County Super. Ct. No. CC595160 & CC300573)

Pursuant to a plea bargain, defendant Martin Adrian Thoreson was convicted of offenses involving possession of depictions of juvenile sexual conduct. He contends that a $400 restitution fine violated the terms of the plea bargain, and that he is entitled to two more days conduct credit than the trial court allowed. Respondent concedes the second contention. The first, however, conflicts with settled authority from this court, and we reject it. We will direct a modification of the abstract of judgment but will otherwise affirm the judgment. BACKGROUND On January 3, 2003, defendant was charged with two counts of developing and duplicating matter depicting sexual conduct of a person under 18 (Pen. Code,

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