The opinion of the court was delivered by: Blease , J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
In resolution of the present matter (and four other cases that are not part of this appeal), defendant Jean Paul Barone entered a plea of no contest to burglary while on bail. The trial court sentenced him to state prison. After a subsequent hearing, the court ordered restitution to the victim of $22,600 (rounded) and awarded conduct credit of 158 days for 159 days of presentence custody attributable to this case. Defendant did not seek a certificate of probable cause in connection with his notice of appeal.
Defendant argues there is an insufficient factual basis for finding any rational nexus between his offense and the victim's losses. We agree, and will modify the judgment to strike the restitution order. We also will reduce his conduct credit, because burglary is a "serious" felony that disqualifies him from the "one-for-one" formula in effect at the time of his
January 2011 sentencing. As thus modified, we will affirm the judgment.
The stipulated factual basis for the plea was the sheriff's report. This does not itself appear in the appellate record, but is summarized in the probation report.
On July 7, 2010, a detective "received information" that a burglary had taken place at a compound of several structures; the burglars had already taken a number of items and intended to return to remove a safe. Several deputies went to the property and found that the residence, a trailer, a detached garage, and several storage structures had all been opened and ransacked. Dust patterns indicated the removal of some items, and some were laid out in the bedrooms as if someone intended to return for them. A safe was on a dolly. The deputies kept watch from 11 pm until the following morning without seeing anyone.
On 2:00 pm on the following afternoon (July 8), detectives returned to take photographs and obtain fingerprints. Deciding another night of surveillance was in order, deputies returned at 8:30 pm to discover someone had again broken into the main house and had left the back door unsecured.
Later that evening, the deputies saw a white truck drive past the property onto a dirt road to its east. They heard the engine stop near the top of the ridge, and doors close. About 15 minutes later, they saw a flashlight scanning the property near the main house. The flashlight turned off, and about 15 minutes later, they heard the sounds of doors closing and a vehicle coming back down the dirt road.
They could see three people walking through the woods from the dirt road, navigating by flashlight. They approached the rear door, and one of them entered. She came back out without taking anything. The deputies arrested the group, ...