People v. Pursell CA3

I. BACKGROUND

In July 2021, defendant pushed his 80-year-old mother during an argument, causing her to fall. She suffered a femoral neck fracture requiring surgery. Defendant

1 was charged with elder abuse (Pen. Code, § 368, subd. (b)(1)—count 1),1 and assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)—count 2). For both counts, it was alleged that defendant personally inflicted great bodily injury on the victim who was 70 years of age and older (§ 12022.7, subd. (c)). The court issued a domestic violence criminal protective order under section 136.2. In August 2021, defendant pled no contest to count 2 and admitted the great bodily injury enhancement in exchange for probation with credit for time served to the date of sentencing and dismissal of the remaining charges. The parties stipulated to the police report as the factual basis for the plea, and defendant entered an Arbuckle waiver.2 In October 2021, the trial court suspended imposition of sentence and placed defendant on three years’ formal probation with various terms and conditions, including 164 days in county jail with credit for time served, that he participate in and successfully complete an…