People v. Perez CA4/2

INTRODUCTION

Defendant and appellant Eric Lewis Perez appeals the trial court’s judgment, after

pleading no contest to attempted murder (Pen. Code1, §§ 664/187, subd. (a)) and

admitting several sentencing enhancements. We affirm.

FACTUAL BACKGROUND2

The victim was standing at a gas station, when defendant, who was unknown to

him, approached him, pulled out a knife, and stabbed him in the neck and arms.

PROCEDURAL BACKGROUND

On April 18, 2022, a felony complaint was filed against defendant, alleging that he

committed attempted murder (§§ 664/187, subd. (a), count 1), and that he personally

inflicted great bodily injury (§ 12022.7, subd. (a)) and personally used a deadly weapon

(§ 12022, subd. (b)(1)). The complaint further alleged he had one prior strike conviction.

(§§ 1170.12, subds. (a)-(d) & 667, subd. (b)-(i).)

On July 25, 2022, defendant requested, and was referred for, Mental Disorder

Diversion (MDD). On August 26, 2022, the Department of Behavioral Health filed with

the court a form letter indicating that defendant had been evaluated and met the criteria

for the Community Supervised Treatment After Release program. A mental health report

1 All further…