People v. Fabisch CA1/1

I. BACKGROUND

In June 2019, Fabisch was charged in case No. CR954367 (case 954367) with assault by means of force likely to produce great bodily injury (Pen.

1 Code, § 245, subd. (a)(4))1, battery (§ 243, subd. (d)), and mayhem (§ 203), all with a special allegation of great bodily injury (§ 12022.7, subd. (a)). In November 2019, Fabisch pleaded guilty to the assault charge and admitted the great bodily injury allegation, and the two other charges were dismissed. Subsequently, the trial court granted Fabisch’s motion to withdraw his plea and reinstated the dismissed charges. In May 2021, Fabisch pleaded no contest to the assault charge in exchange for a two-year probation term and jail time with credit for time served. The balance of the information was dismissed. In June 2021, the trial court sentenced Fabisch to 33 days in jail, with 33 days of credits, but suspended execution of the jail sentence and placed Fabisch on probation for two years. In December 2021, the People petitioned to revoke probation, alleging Fabisch failed to report and had committed a new offense. In January 2022, Fabisch admitted his probation violation and the trial court reinstated and modified his…