People v. Perez CA2/3

Filed 1/26/22 P. v. Perez CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B311893

Plaintiff and Respondent, Los Angeles County Super. Ct. No. NA114870 v.

WILFREDO PEREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Chet L. Taylor, Judge. Affirmed. Sarvenaz Bahar, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

After defendant Wilfredo Perez pled guilty to assaulting his father, he was placed on probation, ordered to complete a drug treatment program, and ordered to stay away from his father. When defendant failed to report to the drug treatment program, the court terminated probation and executed the previously- imposed sentence. Our independent review of the record has revealed no arguable appellate issues, and we affirm.

BACKGROUND

By felony complaint dated July 16, 2020, defendant was charged with assault with a deadly weapon (Pen. Code, § 245,1 subd. (a)(1); count 1) and criminal threats (§ 422; count 2) against his father. The complaint also alleged defendant personally used a deadly weapon—a bat—in the commission of count 2 (§ 12022, subd. (b)(1)). On September 10, 2020, the complaint was amended to add a charge of assault likely to produce great bodily injury (§ 245, subd. (a)(4); count 3), to which defendant pled no contest. Counts 1 and 2 were dismissed. In accordance with the plea agreement, the court imposed the mid-term of three years for count 3, suspended execution of the sentence, and placed defendant on three years’ probation. Among other probation conditions, defendant was ordered to stay away from his father and to complete a treatment program at the Los Angeles Centers for Alcohol and Drug Abuse (LA CADA). On October 5, 2020, LA CADA notified the court that defendant had not been admitted into its residential treatment program. On October 26, 2020, the court summarily revoked