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People v. Borynack

California Court of Appeals, Fourth District, Second Division

June 24, 2015

THE PEOPLE, Plaintiff and Appellant,
v.
ZACKARIAH WILLIAM BORYNACK, Defendant and Respondent.

APPEAL from the Superior Court of Riverside County. No. BAF1100559 Becky Dugan, Judge.

Page 959

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COUNSEL

Michael A. Hestrin, District Attorney, and Emily R. Hanks, Deputy District Attorney, for Plaintiff and Appellant.

Melanie K. Dorian, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

HOLLENHORST J.

On November 22, 2013, defendant and appellant Zackariah William Borynack pled guilty to one count of possession of a destructive device (Pen. Code, [1] § 18715, subd. (a)(1)); 39 counts of possession of a destructive device and explosive (§ 18715, subd. (a)(3)); one count of possession of substances with the intent to make a destructive device and explosive without a permit (§ 18720); one count of possession of a zip gun (§ 33690); and one count of possession of a shuriken (§ 22410). On June 27, 2014, the trial court sentenced him to two years for possession of a destructive device (§ 18715, subd. (a)) and concurrent two-year terms on all remaining counts. After applying defendant’s 117 days of custody credits, the court suspended execution of the entire remaining sentence and placed him on mandatory supervision pursuant to section 1170, subdivision (h)(5).

On appeal, the People challenge the court’s sentence as unlawful (§ 1238, subd. (a)(10)), contending that while defendant’s crimes were subject to local custody confinement under section 1170, subdivision (h), section 18780 prohibits suspending execution of his sentence to place him on mandatory supervision. We agree and reverse.

I. FACTS

On August 7, 2011, when defendant was pulled over for a traffic violation, it was discovered that he was carrying a ...


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