People v. Ortiz CA1/4

Filed 10/21/22 P. v. Ortiz CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A165255 v. CHRISTOPHER WILLIAM ORTIZ, (Napa County Super. Ct. No. 19CR002101) Defendant and Appellant.

Defendant Christopher William Ortiz appeals from an order terminating his probation and executing a previously imposed but suspended three-year prison sentence for felony corporal injury. Appointed counsel has filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) in which no issues were raised. Having reviewed the record, we modify the judgment to add a mandatory fine and victim restitution, and direct the trial court to correct errors in the abstract of judgment to conform with the trial court’s oral pronouncement of judgment. In all other respects, the judgment is affirmed.

BACKGROUND Ortiz was charged by information with one count of felony stalking (Pen. Code,1 § 646.9, subd. (b)); three counts of misdemeanor contempt of court (§ 166, subd. (c)(1)) for violating a protective order and/or stay away order issued pursuant to section 136.2 in a pending criminal proceeding involving domestic violence; one count of felony vandalism over $400 (§ 594, subd. (b)(1)); and one count of felony corporal injury to spouse, cohabitant, child’s parent, fiancé, former fiancé, dating relationship, or previous dating relationship (§ 273.5, subd. (a)). Ortiz pled no contest to count one for violating section 646.9, reduced to a misdemeanor, and to felony corporal injury in violation of section 273.5, subdivision (a). The trial court dismissed the other counts pursuant to a Harvey waiver2, suspended execution of a three-year prison term, and placed Ortiz on five years’ formal probation on the conditions, among others, that he obey all laws and reasonable orders of the probation officer. Additionally, the court ordered Ortiz to serve 160 days in county jail. The court also ordered Ortiz to make restitution to the victim in an amount to be determined and pay a $300 domestic violence fine (§ 1203.097, subd. (a)(5)), a $300 fine to the battered woman’s shelter (§ 1203.097, subd. (a)(11)(A)), a $300 restitution fine (§ 1202.4), a $300 restitution fine suspended unless probation is revoked (§ 1202.44), a $80 court security fee (§ 1465.8); and a $60 criminal conviction assessment (Gov. Code, § 70373). In the following two years, the probation officer filed five separate petitions to revoke probation alleging that Ortiz violated his probation. The