People v. Jeffery CA5

Filed 9/13/22 P. v. Jeffery 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083578 Plaintiff and Respondent, (Super. Ct. No. MF012801A) v.

ZACKARY JEFFERY, OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, 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 Hill, P. J., Franson, J. and Snauffer, J.

Appointed counsel for defendant Zackary Jeffery asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant responded, contending he was no longer on probation when he committed new violations of the law and thus he could not have violated his probation. We affirm. BACKGROUND On November 11, 2017, defendant drove a van over a victim, who survived, and then defendant and his passenger left the scene. On February 26, 2018, the Kern County District Attorney filed an information charging defendant with attempted murder (Pen. Code, §§ 664, 187, subd. (a);1 count 1), assault with a deadly weapon (§ 245, subd. (a)(1); count 2), and felony hit and run (Veh. Code, § 20001, subd. (a); count 3). As to counts 2 and 3, the information alleged defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)). The information further alleged defendant had suffered two prior “strike” convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). On May 14, 2018, the information was amended to allege a prior serious felony conviction (§ 667, subd. (a)). Defendant pled no contest to count 1 and admitted the two prior strike convictions and the prior serious felony conviction. In exchange, the trial court agreed to strike the two prior strike convictions, sentence defendant to 10 years in prison (five years on count 1, plus five years for the prior serious felony conviction enhancement), suspend execution of sentence, and grant three years of probation with one year of jail time as a condition of probation. On June 12, 2018, the trial court sentenced defendant as agreed, and awarded him 300 days of conduct credits.