People v. Soteras CA4/2

I. INTRODUCTION

A jury found defendant Richard John Sabat Soteras guilty as charged of felony

child endangerment and assault with a deadly weapon, a car, and also found defendant

personally used a deadly weapon, a car, in the assault. (Pen. Code, § 273a, subd. (a),1

count 1; § 245, subd. (a)(1), count 2; § 1203, subd. (e)(2) [personal use allegation].)

Defendant’s stepson, 17-year-old John Doe, was the victim of the crimes. Defendant was

sentenced to two years in prison and appeals, raising a single claim of sentencing error.

Defendant claims the court abused its sentencing discretion in refusing to consider

the “immigration consequences” of sentencing him to prison rather than probation,

specifically, that his prison sentence could cause him to be deported. Defendant is a

permanent resident of the United States and a citizen of the Philippines, but he is not a

United States citizen. He has lived in the United States since 1985 and holds a bachelor’s

of science degree in nursing.

We find no abuse of the trial court’s sentencing discretion. Given that defendant

personally used a deadly weapon in the assault, if the court was to grant probation it had

to find the case…