People v. Partida CA3

BACKGROUND

Following the jury’s guilty verdicts, the trial court referred defendant’s case to the probation department (the department) for a report and recommendation on sentencing. In its report, the department noted there were no aggravating circumstances warranting an upper term and defendant did not have a substantial criminal history. It concluded there had been some provocation and it recommended a sentence of three years on count 1 and a stay of the sentences on counts 2 and 3. The People filed a sentencing memorandum urging the trial court to impose the middle term on one of the count 2 or 3 assault convictions, a consecutive one-third the middle term on the remaining assault conviction, and stay the term on the count 1 discharge of a firearm at a vehicle conviction. At sentencing in May 2023, the trial court said it had reviewed the department’s report and the People’s sentencing memorandum. The trial court also reviewed a letter from the intake director of a drug program that found defendant to be a suitable candidate. The trial court then gave its tentative sentencing decision. It found that defendant was not statutorily eligible for probation and that the…