California Court of Appeal

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People v. Borynack, E061733

In the People's challenge to sentence for convictions of possession of a destructive device, Pen. Code section 18715(a)(1), possession of a destructive device and explosive, section 18715(a)(3), possession of substances with the intent to make a destructive device and explosive without a permit, section 18720, possession of a zip gun, section 33690, and possession of a shuriken, section 22410, the sentence is reversed where it is unlawful, under section 1238(a)(10), because while defendant's crimes were subject to local custody confinement under section 1170(h), section 18780 prohibits suspending execution of defendant's sentence to place him on mandatory supervision.

Appellate Information

  • Decided 07/17/2015
  • Published 07/17/2015

Judges

  • HOLLENHORST

Court

  • California Court of Appeal

Counsel