People v. Martin CA4/2

BACKGROUND

In August 2024, defendant pled guilty to assault with a deadly weapon (Pen. Code,

§ 245, subd. (a)(1), count 1) and admitted five aggravating factors (using a weapon when

he committed the crime, his violent conduct indicates a danger to society, he had prior

convictions that were either great in number or were of increasing seriousness, he served

a prior prison or jail term, and his prior performance on probation, mandatory

supervision, post release community supervision, or parole was unsatisfactory).

In keeping with defendant’s plea agreement, the trial court imposed the aggravated

term of four years on count 1 and suspended that sentence pending successful completion

of two years of formal felony probation. It also imposed a $70 court operation’s fee

(CCO), imposed and stayed a $300 probation revocation fine, and retained jurisdiction on

the issue of restitution.1 One condition of defendant’s probation was to participate in the

court’s drug program.

1 We note that the minute order of the August 23, 2024, sentencing hearing includes a restitution fine that was not ordered by the trial court at that time. We see no need to correct the order now because, as…