People v. Mendoza CA6

I. BACKGROUND

A. The Operative Complaint and Mendoza’s Plea

In August 2017, by agreement with the Santa Clara County District Attorney, Mendoza pleaded no contest to one count of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)) and admitted that he personally inflicted great

1 Unspecified statutory references are to the Penal Code. bodily injury on someone other than an accomplice in his commission of the offense (§ 12022.7, subd. (a)). He acknowledged the offense was a serious or violent felony and waived his right to appeal. In return, the Santa Clara County District Attorney agreed to recommend Mendoza be granted probation including a term of up to one year in county jail.2 Although neither the plea form nor the parties at the plea hearing specified the parties’ agreement as to the balance of the operative fourth amended complaint, in which Mendoza was alleged to have assaulted and personally inflicted great bodily injury on a different person, the clerk’s minutes reflects these were to be dismissed. On the plea form, Mendoza initialed the box next to the following statement, among others: “I understand if I am not a citizen of…