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Name: In re Lino B.
Case #: C050274
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/28/2006
Subsequent History: 7/26/06 Rev. gr. S144112; 11/29/06 Rev. dismissed
Summary

The minor was charged with two felony counts of second degree burglary. In a negotiated disposition agreement, the minor admitted one count of burglary as a misdemeanor, and the other count was dismissed with a Harvey waiver. He was placed on probation for a stipulated term of nine months, with conditions, and ordered to pay restitution and a restitution fine. On appeal, he argued that the nine-month period of probation had to be reduced to the statutory maximum of six months. The appellate court affirmed. The trial court did not lack fundamental jurisdiction to hear the case, and the minor knowingly accepted the nine-month probation period in exchange for a reduction of the charge and the dismissal of a second charge. He received the benefit of the bargain, and therefore the sentence was proper. His attempt to “better the bargain through the appellate process” must fail.