People v. DeGracia CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

According to a police report and the probation officer’s presentence report, DeGracia was an inmate in county jail when he approached another inmate who was being transported and struck the inmate in the face and torso area more than 20 times. One correctional officer fell to the ground. As a second correctional officer attempted to pull DeGracia away, DeGracia pushed the second correctional officer, causing him to also fall to the ground. The prosecution charged DeGracia with one count of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count 1) and one misdemeanor count of resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1); count 2). The prosecution alleged that DeGracia had suffered a prior strike offense. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) Pursuant to a plea agreement, DeGracia pleaded no contest to count 1 and admitted the prior strike. As a factual basis for his plea, DeGracia agreed that he “did do an act that would directly and probably [r]esult in the application of force against another with the present ability to apply the force against the other with an…