People v. Lockwood

— Judgment unanimously affirmed. Memorandum: Following his conviction of two counts of assault in the second degree, defendant was sentenced to six months “shock” confinement to his home, five years probation and was ordered to pay $25,000 in restitution. The People appeal from the sentence on the ground that it is invalid as a matter of law. They contend that the court should have sentenced defendant as a second felony offender, based on any of three prior California convictions, to a mandatory indeterminate term of imprisonment.

We conclude that none of defendant’s California convictions…