People v. Grajiola CA5

Filed 1/14/22 P. v. Grajiola 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082134 Plaintiff and Respondent, (Super. Ct. No. F20906032) v.

ANGEL CRYSTAL GRAJIOLA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Glenda S. Allen-Hill, Judge. Robert L. Hernandez, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

STATEMENT OF APPEALABILITY This appeal is from a final judgment of conviction and is authorized by Penal Code section 1237. 1 STATEMENT OF THE CASE On September 9, 2020,2 the Fresno County District Attorney charged appellant Angel Crystal Grajiola with felony corporal injury to a spouse (§ 273.5, subd. (f)(1); count 1) and misdemeanor disobeying a domestic relations court order (§ 273.6, subd. (a); count 2). Related to count 1, it was also alleged that Grajiola had been convicted within the previous seven years of another violation of section 273.5, subdivision (f). The charges included the allegation of a strike prior for violation of section 243, subdivision (d). (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), & 667, subd. (a).) On September 10, the court issued a criminal protective order. On September 21, Grajiola moved to be released from custody with an ankle monitor. Related to this motion, R.B., Grajiola’s husband (the alleged victim of her crimes), addressed the court in support of her release from custody and to request that the previously issued protective order be withdrawn or modified. The court denied Grajiola’s motion for release and declined to withdraw or modify the protective order. On October 8, Grajiola entered into a negotiated plea agreement. Under the terms of the agreement, she pleaded no contest to count 1 (corporal injury to a spouse) and admitted the strike allegation. The plea agreement contained a four-year sentencing “lid” and a promise by the prosecutor to dismiss any remaining counts. Following the entry of Grajiola’s plea, count 2 of the complaint was dismissed upon the prosecutor’s motion.