People v. Picazo CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

According to a probation officer’s presentence report, Picazo struck the garage door at his parents’ home several times with a tire iron, causing damage. Days later, police arrested Picazo at his parents’ house after responding to a reported battery. At the time of the latter incident, Picazo was subject to a court order to stay away from his sister, who was present at the home. The prosecution charged Picazo by complaint with two counts: felony vandalism of property worth more than $400 (Pen. Code, § 594, subd. (b)(1))1; and misdemeanor violation of a criminal protective order (§ 166, subd. (c)(1)). Picazo was initially found incompetent to stand trial before his competency was declared restored and proceedings were reinstated. Picazo pleaded no contest to both counts pursuant to a plea agreement, along with pleading no contest to misdemeanor violating a domestic violence protective order (§ 166, subd. (c)(4)) in another case. As part of the plea agreement, Picazo agreed to waive “the right to appeal my conviction, the judgment, and any other orders previously issued by this court.” Picazo confirmed this waiver in a colloquy with the trial…