P. v. Smith CA4/2

Filed 4/25/13 P. v. Smith CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E055533

v. (Super.Ct.No. SWF1100831)

MARK ALLEN SMITH, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Arjuana T. Saraydarian,

Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant

to art. VI, § 6 of the Cal. Const.) Affirmed.

Ann Bergen, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

On May 19, 2011, an information was filed charging defendant and appellant Mark

Allen Smith with one count of battery causing serious bodily injury (Pen. Code, § 243,

1

subd. (d)) and an enhancement of inflicting great bodily injury (Pen. Code, §§ 667,

1192.7, subd. (c)(8)).

On September 12, 2011, proceedings in this case were suspended under Penal

Code section 1368. After the completion of psychological evaluations, on October 11,