People v. Awad CA1/5

Filed 6/22/21 P. v. Awad CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, A161318 v. HAZEM NAIM AWAD, (Napa County Super. Ct. No. 19CR000771) Defendant and Appellant.

Hazem Naid Awad appeals from the judgment imposed after he pled no contest to felony false imprisonment by violence (Pen. Code, §§ 236, 237).1 Awad’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. Our independent review of the record reveals no arguable issues, and we affirm. BACKGROUND In December 2018, Awad threatened to kill his ex-girlfriend, with whom he had a history of domestic violence. Specifically, Awad told his ex- girlfriend, “ ‘I’m going to fucking kill you bitch. Next time I see you, I’m gonna knock your head off.’ ” Awad was charged by information in Napa County Superior Court with criminal threats (§ 422) and contempt of court

1 Undesignated statutory references are to the Penal Code.

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(§ 166, subd. (c)(1); a misdemeanor). The information also alleged Awad had served two prior prison terms (§ 667.5, subd. (b)). Awad posted bail and was released. In February 2020, Awad was arrested on unrelated charges in Solano County (Solano County Superior Court case number VCR235632). Awad was held in custody on the Solano County case until March 17, 2020, when he was sentenced to a prison term of two years and eight months. Meanwhile, on February 26, 2020, Awad failed to appear for a pretrial conference in the instant case (in Napa County). His bail bond was forfeited, and a bench warrant issued. Approximately five months later, the People filed an amended information, which added false imprisonment as a third count. On the same day, Awad’s attorney appeared in court and Awad participated by videoconference from Solano County jail. Pursuant to a negotiated plea bargain, Awad pled no contest to false imprisonment and agreed to a prison term of 16 months, which would run concurrent to the longer prison sentence previously imposed in Solano County. The court advised Awad of the direct consequences of his plea; made clear that the plea bargain included no promises regarding custody credits; took waivers of Awad’s rights; found a factual basis in police reports as stipulated by counsel; and found that the plea was made freely, voluntarily, and intelligently. The two remaining counts and related special allegations were dismissed on the prosecutor’s motion. At sentencing, Awad waived his right to be personally present and participated by videoconference while his attorney appeared in court. Awad’s counsel argued that Awad was entitled to presentence custody credits from