Thieving dog walker escapes life sentence

The 33-year-old dogwalker sent to prison in January as a third striker for stealing jewelry from his employers was spared a potential lifetime behind bars yesterday when the sentencing judge had a change of heart.

Nicolas John Barbanica, who was serving 35 years to life in prison, was re-sentenced to 24 years and eight months in prison after Judge Lisa Novak dismissed one prior criminal strike on his record. While the new term is far from the three-strikes sentence prosecutors once again sought, District Attorney Steve Wagstaffe called the length "completely reasonable.”

"For a series of burglaries, that is a pretty good sentence. We obviously felt three strikes was appropriate for what this fellow did, but this is still a very stern sentence,” Wagstaffe said.

In early May, Novak recalled the sentence Barbanica received for stealing more than $5,500 worth of jewelry from two San Mateo homes. Judges have the right to do so within 120 days of imposition but cannot impose more than the original term.

Novak said the sentence she gave Barbanica in January had weighed on her and greater reflection led her to believe it was not a three strikes case, Wagstaffe said.

Between October and November 2009 Barbanica worked as a dog walker for several San Mateo residents who gave him their home keys so he could fetch their pets. In those two months, he stole from three people residing in two of the homes. Prosecutors said he gave his girlfriend some of the jewelry and pawned the rest.

After pleading no contest to two counts of residential burglary and admitting his priors, Barbanica faced up to 60 years to life in prison. Novak ran the two terms concurrent and added the decade for his prior convictions to reach the 35-to-life sentence. At the time, she said there was nothing mitigating in his record to justify not counting the other strikes.

Barbanica had four prior convictions for residential burglary, including a 2000 incident in which he was sentenced to seven years prison and a 1998 incident in which he received a year in jail. After violating probation in that conviction, he was sent to prison for four years. Barbanica’s criminal history also includes a 2004 car burglary for which he received 32 months in custody.

Michelle Durand can be reached by email: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.