People v. Ordaz CA2/4

Filed 2/20/14 P. v. Ordaz CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B249632

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA053170) v.

RAFAEL ORDAZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David Walgren, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Rafael Ordaz appeals from the judgment entered after he pled no contest to inflicting corporal injury to a spouse, cohabitant, or parent of his child and admitted suffering a prior serious felony conviction for assault with a firearm. (Pen. Code, §§ 273.5, subd. (a), 245, subd. (a)(2), 1170.12, subds. (a)-(d), 667, subds. (b)-(i).)1 He contends his prior conviction for assault with a firearm is not a serious felony within the meaning of sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i) (the “Three Strikes” law). We affirm the judgment.

BACKGROUND

On January 18, 2013, the Los Angeles County District Attorney’s Office filed an information charging defendant with inflicting corporal injury to a spouse, cohabitant, or parent of his child, assault with a deadly weapon, and false imprisonment by violence. (§§ 273.5. subd. (a), 245, subd. (a)(1), 236.) He was alleged to have suffered a prior conviction for assault with a firearm within the meaning of the Three Strikes law and section 667, subdivision (a), and to have served two prior prison terms within the meaning of section 667.5, subdivision (b). On May 2, 2013, defendant pled no contest to violating section 273.5, subdivision (a) and admitted he had suffered a prior conviction for assault with a firearm, a serious felony within the meaning of the Three Strikes law. He was sentenced to eight years in prison. This appeal followed.