Nitschmann
People v. Nitschmann
Opinion
Opinion
Yegan, J.
Fifteen years ago we said: “Ralph Helmut Nitschmann has lead a life of crime.” (People v. Nitschmann (1995) 35 Cal.App.4th 677, 679 [41 Cal.Rptr.2d 325].) Nothing has changed except the victim’s name and appellant’s good fortune at the “early disposition calendar.” His trial attorney succeeded in negotiating a five-year sentence before preliminary hearing and without a probation report.
When the trial court has sufficient information to make an informed judicial decision, an “early disposition calendar” is beneficial to the parties and the court.
It is ironic that appellant either seeks to withdraw from the negotiated disposition (according to his statement in support of a certificate of probable cause) or he seeks a lesser sentence as argued by newly retained counsel. As we shall explain, appellant is entitled to no relief and we affirm the judgment.
Facts and Procedural History
On April 14, 2008, appellant allowed Ann M. to stay at his motel room. Appellant gave her $70 to purchase methamphetamine for him. Ann left and did not return. Appellant found Ann, argued with her, and punched her in the face several times. She suffered extensive injuries to her upper lip and…