People v. Vidrio CA5

INTRODUCTION

Adrian Vidrio, appellant, was convicted of assault by means likely to produce great bodily harm, with a great bodily injury and gang enhancement pursuant to a plea agreement. Vidrio was granted a certificate of probable cause as to the denial of his request for mental health diversion and regional center diversion and appeals on these issues. He further appeals the denial of his request to dismiss his strike prior during sentencing. We affirm.

PROCEDURAL HISTORY

On March 17, 2021, the Fresno County District Attorney’s Office filed a felony complaint charging Vidrio with assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4);1 count 1), and battery with serious bodily injury (§ 243, subd. (d); count 2). As to both counts, the complaint alleged Vidrio committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)), and personally inflicted great bodily injury upon the victim (§ 12022.7, subd. (a)). The complaint also alleged Vidrio suffered one prior serious or violent felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d).) On December 21, 2022,…