P. v. Asaad CA4/1

Filed 8/5/13 P. v. Asaad CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063487

Plaintiff and Respondent,

v. (Super. Ct. No. SCD197690)

MARK M. ASAAD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Joan P.

Weber, Judge. Affirmed.

Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Respondent.

In 2006, Mark M. Asaad entered a negotiated guilty plea to assault with a deadly

weapon or by means of force likely to cause great bodily injury (Pen. Code, § 245,

former subd. (a)(1)) with personal infliction great bodily injury (Pen. Code, § 12022.7,

subd. (a)). The court suspended execution of a five-year sentence (the two-year lower

term for assault and three years for the enhancement) and placed Asaad on five years'

probation. In 2008, the court revoked and reinstated probation. On three separate

occasions in 2010, Asaad was arrested for violations of the Health and Safety Code. In