People v. Hale CA3

Filed 4/29/25 P. v. Hale CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama) ----

THE PEOPLE,

Plaintiff and Respondent, C100674

v. (Super. Ct. No. 22CR001485)

JASON EZRA MONROE HALE,

Defendant and Appellant.

Defendant Jason Ezra Monroe Hale pleaded guilty to injuring a spouse and admitted a special allegation that he inflicted great bodily injury. Consistent with the plea agreement, the trial court sentenced him to an aggregate seven years in state prison. On appeal, defendant contends (1) reversal is required because the trial court did not advise him of his presumptive ineligibility for probation when it accepted his guilty plea, (2) his counsel was ineffective in failing to seek an opportunity for defendant to withdraw his plea and in failing to notify the trial court of the details of the plea agreement, and (3) the abstract of judgment must be corrected.1 We will affirm the judgment and direct that the abstract of judgment be corrected.

1 This case has been granted calendar preference.

1

BACKGROUND The background is taken from the preliminary hearing transcript. The victim told a responding sheriff’s deputy that defendant had assaulted her over the course of several hours. After an argument the victim went to sleep, but defendant woke her up. Defendant touched her breasts and tried to force her legs apart, but the victim resisted and told him no. Defendant continued the assault and became more aggressive, putting the victim’s neck in the crook of his arm. They fell off the bed and the victim lost consciousness. When she regained consciousness, she went to the bathroom but defendant followed her. He continued assaulting her in the bathroom and then on the bed. The victim suffered bruising, hemorrhaging in her eyes, and traumatic brain injury. An information alleged assault with intent to commit a felony (Pen. Code, § 220, subd. (a)(1)2 – count I), with a special allegation that defendant personally inflicted great bodily injury (§ 12022.7, subd. (e)); injuring a spouse (§ 273.5, subd. (a) – count II), with a special allegation defendant inflicted great bodily injury (§ 12022.7, subd. (e)); battery with serious bodily injury (§ 243, subd. (d) – count III); and misdemeanor sexual battery (§ 243.4, subd. (e)(1) – count IV). Defendant signed a written plea form in which he agreed to plead guilty to the count II charge of injuring a spouse, and to admit the special allegation that he inflicted great bodily injury, in exchange for dismissal of the remaining charges and a seven-year maximum sentence. Two paragraphs were crossed out on the signed plea form. The first crossed-out paragraph would have stated that defendant was not eligible for probation, and the second would have stated that he would not be granted probation unless the trial court found at the time of sentencing that this was an unusual case in which the interests of justice would be served by granting probation. The striking of those paragraphs was