Neild

Jesse S. Neild was on probation in People v. Neild (Super. Ct. San Diego County, 2001, No. SCD136642) (case No. SCD136642) for battery inflicting serious bodily injury (Pen. Code, § 243, subd. (d)) and accessory to a felony (§ 32) when he was charged with battery inflicting serious bodily injury in People v. Neild (Super Ct. San Diego County, 2001, No. SCD 119959) (case No. SCN119959). He entered a negotiated guilty plea in case No. SCN119959 to battery inflicting serious bodily injury and admitted committing a violent and serious felony while on felony probation. (§ 1203, subd. (k).) The court revoked probation in case No. SCD136642 and found section 1203, subdivision (k), prohibited it from granting probation in case No. SCN119959. It sentenced Neild to prison for the three-year middle term for battery inflicting serious bodily injury in case No. SCN119959 with a concurrent term for being an accessory and the battery inflicting serious bodily injury conviction in case No. SCN136642.

Discussion

Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the…