People v. Young CA2/2

Filed 1/27/16 P. v. Young CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, B259403

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA057387) v.

GEORGIA BARATTA YOUNG,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Daviann L. Mitchell, Judge. Affirmed as modified.

Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Georgia Baratta Young (defendant) appeals from the judgment entered after she was convicted of accessory to grand theft and other felonies. She contends that the concurrent sentence imposed as to count 3 should have been stayed, and that she is entitled to an additional day of custody credit. Although respondent agrees with both contentions, we find merit only in defendant’s claim for additional custody credit. We thus modify the award to add the additional day, and as so modified, we affirm the judgment. BACKGROUND In a five-count information, defendant was charged in count 1 with a violation of Penal Code section 32,1 accessory to grand theft, committed by Don Cole (Cole) in violation of section 487. Defendant was charged in count 2 with preparing false documentary evidence, in violation of section 134, and in count 3 she was charged with offering false evidence, in violation of section 132. In count 4, defendant was charged with delivering a threatening letter with the intent to extort money or property, in violation of section 523, and in count 5, she was charged with attempted extortion, in violation of section 524. A jury found defendant guilty of counts 1, 2, 3, and 5 as charged in the information. The jury was deadlocked as to count 4, and the trial court declared a mistrial and dismissed it. On September 12, 2014, defendant declined probation, and the court sentenced her to county jail for a total term of two years eight months, comprised of the middle term of two years as to count 1, the middle term of two years as to count 2, stayed pursuant to section 654, a concurrent middle term of two years as to count 3, and eight months, one-third the middle term of two years as to count 5, to run consecutively. Defendant was ordered to pay a restitution fine and was awarded a total of 228 days of presentence custody credit, which included 114 actual days and 114 days of custody credit. Defendant filed a timely notice of appeal from the judgment.