People v. Manzanales CA5

Filed 9/8/23 P. v. Manzanales 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085780 Plaintiff and Respondent, (Super. Ct. No. F20906671) v.

FABIAN MANZANALES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Adolfo M. Corona, Judge. Jyoti Malik, 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 Detjen, Acting P. J., Peña, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is based on the sentence or other matters occurring after the plea that do not affect its validity. (Cal. Rules of Court, rule 8.304(b).) Moreover, because Manzanales first presented his claim that the lower court miscalculated his presentence custody credits in the trial court at the time of the change of plea hearing and then again at sentencing, the appeal is not barred by Penal Code section 1237.1.1 STATEMENT OF THE CASE On November 4, 2021, the Fresno County District Attorney filed an information charging Manzanales with felony corporal injury on an intimate partner resulting in a traumatic condition (§ 273.5, subd. (a); count 1), with an enhancement for inflicting great bodily injury (§ 12022.7, subd. (e); felony second degree robbery (§ 211; count 2); and misdemeanor damage or destruction of real property valued less than $400 (§ 594, subd. (b)(2)(A); count 3). On December 12, 2022, Manzanales entered into a plea agreement pursuant to which he pled no contest to the charges set forth in counts 1 and 2, for a lid or maximum sentence of five years. In exchange, the prosecution moved for a dismissal of the enhancement allegation on count 1, the charge in count 3, and two other cases (F21901524 and F22904487), which the court granted. On January 13, 2023, the trial court denied Manzanales’s oral motion to withdraw from the plea agreement, finding that his complaint about not receiving presentence custody credits under section 4019 was not a valid reason for withdrawal. The court then sentenced Manzanales to the middle term of three years on count 2 (second degree robbery), and a concurrent three-year term on count 1 (intimate partner abuse). The court awarded Manzanales 378 actual days and 57 conduct days, for a total of 435 days in