Feyrer

Defendant Jesse Feyrer was charged with assault by means of force likely to produce great bodily injury, an offense punishable either as a felony or a misdemeanor—commonly known as a “wobbler.” It also was alleged defendant personally inflicted great bodily injury upon the victim of the assault, his father. The parties negotiated a plea agreement pursuant to which defendant would plead no contest to felony assault by means of force likely to produce great bodily injury and admit the enhancement allegation of personal infliction of great bodily injury in the commission of a felony. In return, defendant would serve six months in county jail as a condition of five years’ formal probation. The plea agreement did not specify whether probation would be granted by suspending imposition of defendant’s sentence, or instead by suspending the execution of that sentence. The trial court approved the plea agreement, accepted defendant’s plea of no contest to the charged felony and his admission of the enhancement allegation, and granted probation—by suspending the imposition of any sentence.

Three years after defendant was placed on probation, the trial court, at the request of the…