People v. Cubas CA2/5

Filed 11/19/20 P. v. Cubas CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B301934

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. YA096577)

v.

CINTHIA YAMILETH CUBAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Alan B. Honeycutt, Judge. Affirmed. Joy A. Maulitz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

Defendant and appellant Cinthia Yamileth Cubas pleaded no contest to a charge of assault by means of force likely to produce great bodily injury on a victim in violation of Penal Code section 245, subdivision (a)(4). The named victim was walking through a shopping mall parking lot with his daughters, and passed Cubas, who was embroiled in a heated argument. One of victim’s daughters made a comment, and Cubas began yelling at the family. She tried to pepper spray the victim in the parking lot, and then followed and struck the victim and his daughters with her car as they were walking in a cross walk near the mall. Cubas was charged with three counts of assault with a deadly weapon (one count each relating to the victim and his two daughters) in violation of Penal Code section 245, subdivision (a)(1) (counts 1-3) and one count of hit and run driving resulting in injury of another in violation of Vehicle Code section 20001, subdivision (b)(1). Cubas agreed to plead no contest to a violation of Penal Code section 245, subdivision (a)(4), to be added to the information by interlineation as count 5. She was to be sentenced to the low term of two years in state prison, with sentence suspended, and placed on five years formal probation. She was to serve one year in county jail, pay restitution to all victims, and complete a six-month anger management course, as well as complying with other conditions of probation. Cubas would be allowed to surrender at a later date.