People v. Grace CA4/2

Filed 4/1/21 P. v. Grace CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E075433

v. (Super.Ct.Nos. INF044039, INF1401989) JAMES MAURICE GRACE, OPINION Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Harold W. Hopp, Judge.

Reversed and remanded with directions.

John L. Staley, under appointment by the Court of Appeal, for Defendant and

Appellant.

Xavier Becerra, Attorney General, Julie L. Garland, Assistant Attorney General,

Eric A. Swenson and Jennifer B. Truong, Deputy Attorneys General, for Plaintiff and

Respondent.

1

James Maurice Grace appeals from the trial court’s order denying petitions to

dismiss convictions in two of his cases. The People agree the trial court erroneously

denied the petitions. We agree with the parties, reverse, and remand with directions.

I. FACTS

In 2003, Grace pleaded guilty to assault with a deadly weapon (Pen. Code, § 245,

subd. (a)(1), unlabeled statutory citations refer to this code). The court suspended