People v. Prieto CA2/3

Filed 5/27/25 P. v. Prieto CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B338280

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA121881) v.

MELISSA PRIETO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard M. Goul, Judge. Affirmed. Jennifer Peabody and Richard B. Lennon, under appointments by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

The trial court sentenced Melissa Prieto to two years in state prison after revoking and terminating her felony probation. Prieto appealed. Prieto’s counsel has asked us to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. On an afternoon in May 2023, Prieto became upset when a man working at a business refused to give her a plastic bag. She was chased out of the building. Another man standing in front of the business yelled at Prieto to leave. Prieto threw a large piece of concrete at his head. He ducked and avoided being hit.1 The People charged Prieto with one count of assault by means of force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(4).)2 The felony complaint alleged that Prieto had suffered a prior strike in 2019. In late May 2023, Prieto pled no contest to the assault charge. Pursuant to a plea agreement, the trial court suspended imposition of sentence and placed Prieto on two years of formal felony probation. As a condition of probation, the court ordered Prieto to cooperate with the probation officer in a plan for mental health treatment in the Women’s Community Reintegration Program. The court further ordered Prieto to complete a residential treatment program, in addition to other standard probation conditions. In August 2023, the probation department informed the court that Prieto had failed to report to probation and her