People v. Prado CA1/2

BACKGROUND

A felony complaint was filed on October 13, 2015, charging defendant with nine felony offenses that allegedly occurred on or about October 11, 2015,1 as well as special

1 The complaint alleges that the crimes occurred on or about October 10, 2015. The probation report describes the events as occurring on October 11. The charges included assault with force likely to produce great bodily injury (Pen. Code, § 245, subd.

1 gang enhancements (Pen. Code, § 186.22, subd. (b)(1)(A)),2 great bodily injury enhancements (§ 12022.7, subd. (a)), and use of a firearm by a principal (§ 12022.53, subd. (b)). Three other defendants were charged in the felony complaint; these matters are not now before us. On November 17, 2015, defendant changed his not guilty plea pursuant to a plea agreement with the district attorney’s office. Defendant pleaded no contest to count 1, which charged that on or about October 10, 2015, he committed the felony of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)); and he admitted the special gang enhancement (§ 186.22, subd. (b)(1)(A)). He also admitted that he had violated his probation in Napa County Case No.…