People v. Wertz CA1/2

Filed 5/30/24 P. v. Wertz CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A167930 v. (Lake County Super. Ct. JEREMIAH WERTZ, No. CR963953) Defendant and Appellant.

Defendant Jeremiah Wertz appeals from the sentence imposed after he pleaded no contest to two counts of inflicting corporal injury on a person with whom he had a dating relationship. He contends the trial court erred in imposing an upper term and in assessing restitution fines without a showing of present ability to pay. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Plea In March 2023, defendant entered a plea of no contest to two counts of willfully inflicting corporal injury upon a person with whom he had a dating relationship (Pen. Code,1 § 273.5, subd. (a)) in exchange for the dismissal of other charges (assault by means of force likely to produce great bodily injury and battery resulting in serious bodily injury) and various special allegations

1 Further undesignated statutory references are to the Penal Code.

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and with the understanding that he could be sentenced to up to five years in prison. Defendant’s attorney stipulated to the following factual basis for the plea. “On June 12th in the year 2022 at approximately 04:00 hours, the alleged victim N.C. and Mr. Wertz were at her residence. At approximately 4:00 hours, for unknown reasons, he spontaneously called her a, quote, ‘f****** n*****,’ unquote, and struck her multiple times in the face with a closed fist, struck her in the right arm, leaving bruising. He grabbed her right ring finger and twisted. The alleged victim . . . felt as if he had broken her finger. The officer who responded . . . observed that she had multiple bruises on her right arm and a bruise on the back of her left hand the size of a golf ball. She also reported a loss of hearing. . . . The alleged victim N.C. and Mr. Wertz had been in a dating relationship for approximately five months . . . . “On or about April 11th in the year 2022 at approximately 2200 hours, Mr. Wertz and the same victim N.C. were at her residence . . . . He began arguing with her for unknown reason reasons and spontaneously called her a, quote, ‘n***** lover,’ unquote, along with several other foul names. He grabbed and twisted her knee with an unknown hand. Afterwards she went to sleep. And on the following day, he was at the residence and she was on the phone with a friend. He was upset. He slapped her in the face with his right hand, climbed on top off her and pinned her to the bed and pulled her hair while striking her in the face approximately 10 times. The officer observed bruising on her face, bruising to her right eye, both of her cheeks, and sides of her neck consistent with someone striking her in a manner described to the officer.”