People v. Jaime CA5

Filed 11/18/15 P. v. Jaime CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F068904 Plaintiff and Respondent, (Super. Ct. No. 1456263) v.

OCTAVIO JAIME, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Thomas D. Zeff, Judge. Francine R. Tone, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Detjen, J. and Smith, J.

INTRODUCTION Defendant and appellant Octavio Jaime pled no contest on December 17, 2013, to one count of assault likely to produce great bodily injury, a violation of Penal Code1 section 245, subdivision (a)(4). Defendant was sentenced to 36 months formal probation with various terms and conditions. A notice of appeal was filed on February 18, 2014; the trial court denied a certificate of probable cause. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. FACTUAL AND PROCEDURAL SUMMARY On or about March 10, 2013, defendant and the victim, Juan Gonzales, had arranged a child exchange involving a 10-year old minor. During the exchange, defendant punched Gonzales in the left temple, causing Gonzales to fall to the ground and break his wrist. On March 20, 2013, defendant was charged with a violation of section 243, subdivision (d), battery with serious bodily injury. It also was alleged that defendant personally inflicted great bodily injury on Gonzales within the meaning of section 12022.7, subdivision (a). On April 11, 2013, defendant was arraigned and released on bail. On June 19, 2013, defendant was remanded to the custody of the sheriff’s department and subsequently released on bail on June 21, 2013. On December 17, 2013, defendant pled no contest to one count of assault likely to produce serious bodily injury pursuant to a plea agreement. In exchange for the plea of no contest to the lesser-related offense, defendant would be placed on formal probation, subject to terms and conditions including serving 300 days in jail, and the People would dismiss all other allegations. Before accepting defendant’s plea, the trial court accepted a stipulation to a factual basis for the plea; explained defendant’s constitutional rights to him, which defendant