People v. Jimenez-Barraza CA6
Opinion
Opinion
Bromberg, J.
I. BACKGROUND
The facts recounted below are taken from the probation and supplemental probation reports and other portions of the record. A. The Underlying Case On November 25, 2022, Jimenez-Barraza had a verbal and physical altercation with his roommate. During the altercation, Jimenez-Barraza grabbed a knife and stabbed his roommate in the stomach. The Monterey County District Attorney’s Office charged Jimenez-Barraza by complaint with one felony count of assault by means likely to produce great bodily injury (Pen. Code, § 254, subd. (a)(4)). (Subsequent undesignated statutory references are to the Penal Code.) The complaint also alleged two enhancements, one for personal infliction of great bodily injury (§ 12022.7, subd. (a)) and another for personal use of a deadly and dangerous weapon (§ 12022, subd. (b)(1)). On June 27, 2023, pursuant to a plea agreement, Jimenez-Barraza pleaded no contest to the felony assault charge and admitted the infliction of great bodily injury enhancement, with the remaining enhancement to be dismissed at sentencing. The trial court advised Jimenez-Barraza that the plea agreement was for a five-year sentence with execution of the sentence suspended…