People v. Correll

Opinion

WHITE, P. J.

Tommy Dean Correll appeals from the sentence imposed after a jury found him guilty of residential burglary (Pen. Code, §§ 459-460, subd. I),

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and the trial court found true a prior felony enhancement (§ 667.5, subd. (b)).

Appellant contends the trial court improperly required him to waive his presentence credits as a condition of probation. We affirm.

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Facts

On the morning of May 19, 1989, a neighbor reported to the police that she saw a man go over the fence at the Villa residence. When the police arrived at the Villa house, they found the kitchen door ajar and entered. The door appeared to have been pried open. The police found appellant under a blanket in a bedroom.

At appellant’s booking, the officers found three watches, a gold class ring and Disneyland tickets in his pocket. All of these items belonged to the Villas. An officer testified that after reading appellant his

Miranda

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rights, appellant stated, “I did it.”

In his defense, appellant claimed he was suffering from schizophrenia at the time of the offense.

The jury convicted appellant of first degree burglary and the court found the prior felony enhancement true. At the sentencing hearing, appellant argued his schizophrenia and addiction to methamphetamine were mitigating factors. Appellant also argued probation would offer adequate protection to the community and requested that he be placed in the Salvation

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Army Rehabilitation Center in Sacramento. Appellant voluntarily informed the probation department that he would waive all of his presentence credits.

The People asked the trial judge to sentence appellant to seven years in state prison, but to permanently stay the execution of sentence if appellant successfully completed one year of the Salvation Army program.