People v. Delgado CA6

Filed 6/28/23 P. v. Delgado CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H049947 (Monterey County Plaintiff and Respondent, Super. Ct. Nos. 18CR006836, 18CR007311) v.

JOSE IGNACIO DELGADO,

Defendant and Appellant.

THE COURT1 Defendant Jose Ignacio Delgado appeals from the judgment imposed after he admitted to violations of probation. For the reasons set forth below, we affirm the judgment. I. PROCEDURAL BACKGROUND2 On August 2, 2018, the Monterey County District Attorney filed a criminal complaint in case number 18CR007311 charging Delgado with dissuading a witness by force (Penal Code, § 136.1, subd. (c)(1)3; count 1), battery on a cohabitant (§ 243, subd. (e)(1)); count 2), violation of criminal protective order (§ 166, subd. (c)(1)); count 3), and

1 Before Greenwood, P. J., Grover, J. and Lie, J. 2 The facts of the offense are not relevant to the analysis and disposition of the appeal and therefore we have omitted them. 3 Undesignated statutory references are to the Penal Code.

resisting a peace officer (§ 148, subd. (a)(1)); count 4). The complaint also contained a special allegation that Delgado committed count 1 while on bail (§ 12022.1, subd. (b)). On August 3, 2018, the Monterey County District Attorney filed an information in case number 18CR006836 charging Delgado with corporal injury to a cohabitant (§ 273.5, subd. (a); count 1), criminal threats (§ 422, subd. (a); count 2), resisting a peace officer (§ 148, subd. (a)(1); count 3), and vandalism under $400 (§ 594, subd. (b)(2)(A); count 4). On October 3, 2018, in case number 18CR006836, Delgado pleaded no contest to counts 1 through 3. On the same day, in case number 18CR007311, Delgado pleaded no contest to counts 1, 2, and 4, and he admitted the special allegation as to count 1. Delgado entered into the pleas with the agreement that he would receive felony probation and that the remaining counts would be dismissed at sentencing. Delgado was interviewed by the probation department on November 5, 2018, without his lawyer present. On November 28, 2018, the trial court suspended imposition of sentence for both cases and placed Delgado on formal probation for three years. On May 13, 2021, the probation department filed notices of violation of probation in both cases. Delgado admitted the probation violations on January 14, 2022. At the January 14, 2022 hearing, Delgado also entered a no contest plea in a new case, case number 21CR008602, to a misdemeanor charge of obstructing or resisting a police officer, in violation of section 148, subdivision (a)(1). On February 2, 2022, a probation officer interviewed Delgado. His lawyer was not present at the interview. On March 9, 2022, the court terminated probation in both 2018 cases. In case number 18CR007311, the court imposed the midterm of three years on count 1, plus a consecutive term of two years for the special allegation. In case number 18CR006836, the court imposed at term of two years on count 1, for a total aggregate term of seven years on the two cases. The court also imposed a sentence of time served in case number 21CR008602. 2