People v. Gonzalez CA4/2

Filed 4/8/14 P. v. Gonzalez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E059037

v. (Super.Ct.No. FVI1201936)

GABRIEL ANTHONY GONZALEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. John M.

Tomberlin, Judge. Affirmed as modified.

Patricia Ihara, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Barry Carlton and James H.

Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent.

1

I

INTRODUCTION

On May 16, 2013, pursuant to a negotiated plea agreement, defendant and

appellant Gabriel Anthony Gonzalez pled guilty to (1) assault with a deadly weapon in

violation of Penal Code1 section 245, subdivision (a)(1), and (2) assault by means of