People v. Patron CA5

INTRODUCTION

Defendant D’Annunzio Roman Gaviola Patrón was sentenced to eight years in custody following a plea bargain in which defendant pleaded guilty to one count of violating Penal Code1 section 245, subdivision (a)(4), assault by means of force likely to produce great bodily injury. Defendant’s appellate counsel raises no claims of error in briefing here, and requests that we independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant filed a supplemental letter with the court, alleging that his assigned trial counsel unlawfully recorded him during a meeting, that his counsel avoided a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 by noting a doubt as to competency pursuant to section 1368, and that he was sentenced to “[eight] years flat with half time” instead of a “[four]-year[] double up.” Defendant also asserts that his name is spelled incorrectly on the abstract of judgment and asks that it be corrected.

FACTUAL AND PROCEDURAL BACKGROUND

The complaint in this matter alleged that, on or about February 16, 2024, defendant committed an assault on P.E. by means of force likely to produce great bodily injury (§ 245, subd.…