People v. Prado CA1/2

Filed 8/31/16 P. v. Prado CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A147565 v. JUAN PRADO, (Napa County Super. Ct. No. CR177466) Defendant and Appellant.

Defendant Juan Prado appeals from the judgment entered after his no contest plea to felony assault by means of force likely to produce great bodily injury and his admission of a gang enhancement. Defendant’s counsel has filed a brief seeking our independent review of the record, pursuant to People v. Wende (1979) 25 Cal.3d 436, to determine whether there are any arguable issues for review. Defendant has also been informed of his right to file supplemental briefing, and he has not done so. After our independent review of the record, we find no errors or other issues requiring further briefing, and we affirm. BACKGROUND A felony complaint was filed on October 13, 2015, charging defendant with nine felony offenses that allegedly occurred on or about October 11, 2015,1 as well as special

1 The complaint alleges that the crimes occurred on or about October 10, 2015. The probation report describes the events as occurring on October 11. The charges included assault with force likely to produce great bodily injury (Pen. Code, § 245, subd.

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gang enhancements (Pen. Code, § 186.22, subd. (b)(1)(A)),2 great bodily injury enhancements (§ 12022.7, subd. (a)), and use of a firearm by a principal (§ 12022.53, subd. (b)). Three other defendants were charged in the felony complaint; these matters are not now before us. On November 17, 2015, defendant changed his not guilty plea pursuant to a plea agreement with the district attorney’s office. Defendant pleaded no contest to count 1, which charged that on or about October 10, 2015, he committed the felony of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)); and he admitted the special gang enhancement (§ 186.22, subd. (b)(1)(A)). He also admitted that he had violated his probation in Napa County Case No. CR175075, an unrelated case. Defendant entered into the plea agreement with the understanding that he would receive a state prison sentence of six years, that the other counts of the felony complaint would be dismissed, that his probation in Napa County Case No. CR175075 would be terminated, and he would be sentenced in that case to concurrent time. Before changing his plea, defendant and his counsel signed a written change of plea form, filed November 17, 2015. The plea form advised defendant of his rights, the rights he was giving up, and the consequences of his plea. The trial court accepted the change of plea after finding that defendant had knowingly, voluntarily and intelligently waived his constitutional rights; that his plea and admissions were freely, voluntarily, knowingly and intelligently made; that he understood the nature of the charges and consequences of the pleas and admissions; and that there was a factual basis for the plea. Defense counsel stipulated that the police report provided the factual basis for his plea. A Napa County Criminal Justice System Arrest/Detention/Complaint Form briefly describes the incident: “[Defendant] is a documented Norteno gang member who is on