People v. Gomez CA5

Filed 10/18/21 P. v. Gomez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079850 Plaintiff and Respondent, (Super. Ct. No. F17907259) v.

ANGELINA GOMEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge. Tyrone Sandoval, 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, Darren K. Indermill and Melissa Lipon, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P. J., Meehan, J. and DeSantos, J.

Appellant Angelina Gomez was convicted, following a jury trial, of assault with a deadly weapon, to wit, a vehicle (Pen. Code,1 § 245, subd. (a)(1)) and leaving the scene of an accident resulting in injury (Veh. Code, § 20001, subd. (a)). The trial court placed appellant on three years of formal probation. On appeal, appellant contends her term of probation must be modified to two years pursuant to section 1203.1, subdivision (a), as amended by Assembly Bill No. 1950 (2019−2020 Reg. Sess.) (Assembly Bill 1950). Respondent agrees appellant is entitled to relief pursuant to Assembly Bill 1950. We modify appellant’s term of probation to two years. As modified, we affirm. RELEVANT PROCEDURAL BACKGROUND Because they are irrelevant to the issue on appeal, we do not summarize the facts underlying appellant’s convictions. Appellant was sentenced on November 13, 2019. The court found that unusual circumstances justified a grant of probation and suspended imposition of a three-year prison term. The court ordered three years of formal probation with 91 days in custody and 60 days on the adult work program. The court ordered various terms and conditions of probation including successful completion of an anger management program, prohibition of driving a motor vehicle (Veh. Code, § 13351.5), enrollment in any mental health services as directed by probation, and writing an apology letter to both the victim and another individual involved with the circumstances of the case. The court set a probation review hearing and advised appellant she would be expected to present the court with progress reports from her anger management class and the adult work program, as well as the letters she was to write.