People v. Hubbard CA5

Filed 11/13/20 P. v. Hubbard 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080717 Plaintiff and Respondent, (Super. Ct. No. BF173462A) v.

BRUCE WALTER HUBBARD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David R. Zulfa, Judge. Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Kelly E. Lebel, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Detjen, J. and Peña, J.

Defendant Bruce Walter Hubbard contends on appeal that the abstract of judgment contains a clerical error, reflecting that he had suffered a prior strike conviction when no such finding was made. The People concede the abstract of judgment contains the identified error. We affirm the judgment and direct the trial court to prepare an amended abstract of judgment correcting the clerical error. PROCEDURAL SUMMARY On August 21, 2018,1 the Kern County District Attorney charged defendant with inflicting corporal injury upon Jane Doe, with whom he was in a dating relationship (Pen. Code, § 273.5, subd (a);2 counts 1 & 7), vandalism over $400 (§ 594, subd. (b)(1); counts 2 & 6), assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count 3), assault with a deadly weapon (§ 245, subd. (a)(1); count 4), first degree burglary (§ 460, subd. (a); count 5), and misdemeanor battery (§ 243, subd. (a); count 8). As to counts 1 and 7, the complaint alleged defendant had suffered a prior conviction for a violation of section 273.5, subdivision (a) (§ 273.5, subd. (f)(1)). On August 30, defendant pled no contest to count 1 and admitted the prior conviction allegation in exchange for dismissal of the other counts and an agreed-upon sentence—three years of formal probation, with one year in custody as a term of probation. On September 28, the trial court imposed the agreed-upon sentence. On June 19, 2019, the probation officer filed a declaration letter requesting that defendant’s probation be revoked because defendant violated the terms of probation by committing new offenses; harassing, threatening, or stalking the victim, or committing acts of violence toward the victim, or destroying her property; and failing to complete a batterer’s treatment program.