People v. Sotelo CA3

Filed 5/7/14 P. v. Sotelo CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C074123

Plaintiff and Respondent, (Super. Ct. No. 13F01087)

v.

ALBERT GILBERT SOTELO,

Defendant and Appellant.

Defendant Albert Gilbert Sotelo pleaded no contest to infliction of corporal injury resulting in a traumatic condition on the victim, a felony, and was placed on five years of formal probation with various conditions. Defendant’s ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. In accordance with the latter, we will provide a summary of the offenses and the proceedings in the trial court.

1

On September 12, 2013, defendant approached the victim, the mother of his child, while she was holding the child and tried to take the child away from her. Defendant pushed the victim against a car, using his forearm against her neck to choke her. Defendant then pushed the victim to the ground. The victim landed on her back while still holding her child. The victim suffered pain in her back, abrasions on her knee, and red marks on her neck. When another individual, R.C., tried to intervene, defendant punched her in the face.

Defendant entered a plea of no contest to infliction of corporal injury resulting in a traumatic condition on the victim as a felony (Pen. Code, § 273.5, subd. (a)1—count one) in exchange for dismissal of the remaining counts [child abuse, a misdemeanor (§ 273a, subd. (b)—count two) and battery upon R.C., a misdemeanor (§ 242—count three)] with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 for purposes of restitution and no contact orders. The court suspended imposition of sentence and granted probation for a term of five years subject to certain terms and conditions including 210 days in county jail with 30 days in custody and the remainder under a work release program if eligible.