California v. BorynackAnnotate this Case
In 2013, defendant-appellant Zackariah Borynack pled guilty to one count of possession of a destructive device; 39 counts of possession of a destructive device and explosive; one count of possession of substances with the intent to make a destructive device and explosive without a permit; one count of possession of a zip gun; and one count of possession of a shuriken. The trial court sentenced him to two years for possession of a destructive device 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. On appeal, the State challenged the court’s sentence as unlawful, contending that while defendant’s crimes were subject to local custody confinement by statute, Penal Code section 18780 prohibited suspending execution of his sentence to place him on mandatory supervision. The Court of Appeal agreed with the State and reversed.