People v. Swain CA3
Opinion
Opinion
Filed 10/21/14 P. v. Swain CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Butte) ----
THE PEOPLE, C075766
Plaintiff and Respondent, (Super. Ct. Nos. CM037796,
CM039289)
v.
ALEX MATHEW SWAIN,
Defendant and Appellant.
Sentenced to an aggregate term of five years in state prison after pleading no contest to elder abuse and assault by means of force likely to inflict great bodily injury, defendant Alex Mathew Swain contends the trial court abused its discretion by imposing the upper term on the first offense and failing to state a reason for consecutive sentencing on the second offense. We affirm.