People v. Gardea CA1/5

I. BACKGROUND

On February 15, 2014, Gardea was arrested by Petaluma police officers after assaulting his 72-year-old father.3 Gardea choked the victim and threatened him with a knife. Gardea threatened to kill any officer who tried to arrest him. Gardea was reported to be 6 feet nine inches tall and weighing 360 pounds. In addition to sentence enhancement allegations for use of a knife and two prior prison terms, Gardea was charged by complaint with felony elder abuse (§ 368, subd. (b)(1)), unlawful criminal threats (§ 422), and misdemeanor child endangerment (§ 273a, subd. (b)).4 Criminal proceedings were suspended pursuant to section 1368 on March 14, 2014, after defense counsel declared a doubt as to Gardea’s competence. On May 23, the issue of competence was submitted on the medical reports. The court found Gardea competent and reinstated criminal proceedings. On June 2, Gardea entered a plea of no contest to the elder abuse charge and admitted one prison prior. The plea was “open” as to sentence, and Gardea was advised that his maximum sentence would be five years. The court found the plea to be knowing, intelligent and voluntary. At the sentencing hearing on June 26,…