People v. Timoti CA3

Filed 12/21/23 P. v. Timoti CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE,

Plaintiff and Respondent, C098104

v. (Super. Ct. No. CR20204281)

ILALIO TAUAMA TIMOTI, JR.,

Defendant and Appellant.

Defendant Ilalio Tauama Timoti, Jr., pleaded no contest to mayhem, assault by means of force likely to produce great bodily injury, and dissuading a witness. As part of the plea agreement he agreed to a sentence of up to 16 years in prison. At sentencing the trial court imposed a 16-year prison term without objection from defendant.

1

Defendant now contends (1) the upper term sentence for mayhem did not comply with Penal Code section 1170, subdivision (b),1 and (2) the imposition of two great bodily injury enhancements violated the section 1385, subdivision (c)(2)(B) prohibition against multiple enhancements. Defendant forfeited his contentions by not asserting them in the trial court. We will affirm the judgment. BACKGROUND On August 8, 2022, defendant pleaded no contest to mayhem (§ 203), two counts of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)), and two counts of dissuading a witness (§ 136.1, subd. (b)(1)). Defendant also admitted inflicting great bodily injury in each of the assaults. (§ 12022.7, subd. (a).) Under the plea agreement, defendant agreed to a sentence of up to 16 years in prison, and he waived his right to a jury trial on aggravating circumstances. Defendant agreed that he had discussed the plea agreement with his lawyer, who had answered all his questions, and that he understood the contents and consequences of the agreement. The trial court sentenced defendant to 16 years in prison, consisting of an eight- year upper term sentence for mayhem, one year for each assault, two years for each count of dissuading a witness, and one year for each great bodily injury enhancement. Defendant did not object to any aspect of the sentence. DISCUSSION I Defendant claims the upper term sentence for mayhem did not comply with section 1170, subdivision (b).