People v. Richards CA1/3

FACTS

A. Sonoma County Proceedings On May 3, 2010, the Sonoma County District Attorney filed an amended information charging defendant with the misdemeanor offense of intentional interference with a lawful business establishment (§ 602.1, subd. (a)) (count one); the felony offense of assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)) (count two); the felony offense of attempting to deter a police officer from performance of his duties by threats (§ 69) (count three); the misdemeanor offense of resisting arrest (§ 148, subd. (a)(1)) (count four); and the misdemeanor offense of elder abuse (§ 368, subd. (c)) (count five). The amended information further alleged, in pertinent part, that defendant had served two prior prison terms (§ 667.5). On September 3, 2010, at a change of plea proceeding, defendant pleaded no contest to the felony offense of attempting to deter a police officer from the performance of his duties by threats (count three) and the misdemeanor offense of elder abuse (count five), and he further admitted he had served two prior prison terms. In his written plea agreement, defendant understood that the maximum punishment he might receive…