People v. Ruelas CA1/5

BACKGROUND

In July 2013, defendant was charged by information with one count of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)) with an allegation that he personally inflicted great bodily injury (§ 12022.7, subd. (a)).

1 All further undesignated statutory references are to the Penal Code.

1 According to the probation report, at the time of the offense defendant was committed to Napa State Hospital after being found not guilty by reason of insanity of a previous murder. (§ 1026.) In May 2013, defendant assaulted another Napa State Hospital inmate, causing several fractures. In December 2013, pursuant to an agreement, defendant pled no contest and admitted the injury enhancement allegation. In January 2014, the trial court sentenced defendant to three years in prison in accordance with the agreement. Defendant filed a notice of appeal specifying it is based “on the sentence or other matters occurring after the plea that do not affect the validity of the plea.”

DISCUSSION

Defendant’s no contest plea restricts the scope of the appeal before us. Because defendant did not request a certificate of probable cause, his appeal is limited to “postplea…