People v. Vaca CA4/2

STATEMENT OF THE CASE

On July 15, 2009, an information charged defendant and appellant William Vaca

with deterring an executive officer in the performance of his duties under Penal Code1

section 69 (count 1); and street terrorism under section 186.22, subdivision (a) (count 2).

The information also alleged that defendant committed count 1 for the benefit of, at the

direction of, and in association with a criminal street gang, under section 186.22,

subdivision (b).

On March 10, 2010, the trial court gave defendant the following indicated

sentence:

“I’ve indicated if you were to plead guilty, I’d be fine to grant you probation and

sentence you to 180 days straight. If you successfully complete 18 months of your

probation, and I do mean successfully, no violations, pay your fines that you’re supposed

to be paying, report to probation, do everything required, stay out of trouble, then at the

end of 18 months, I will reduce the charge to a misdemeanor.

“I have discretion to do so, and I’ve reviewed a number of facts including the facts

of this case, the circumstance regarding your background and character, and when we

come to that point, I am permitted to look at your…