People v. Amezquita CA6

I. INTRODUCTION

In case No. SS122403A, defendant Juan Amezquita pleaded guilty to attempted grand theft (Pen. Code, §§ 664, 487, subd. (a))1 and was placed on probation. In case No. SS142420A, defendant pleaded no contest to child endangerment and admitted that he had personally inflicted great bodily injury upon a child under the age of five years (§§ 273a, subd. (a), 12022.7, subd. (d)). Based on his no contest plea, defendant admitted violating probation in the attempted grand theft case. In the child endangerment case, the trial court sentenced defendant to nine years in prison. For the probation violation in the attempted grand theft case, the trial court denied defendant’s request to reduce the offense to a misdemeanor based on his plea agreement, and sentenced him to one year, to be served concurrent with the sentence in the child endangerment case.

1 All further statutory references are to the Penal Code unless otherwise indicated. On appeal, defendant’s appointed counsel initially filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that stated the case and facts, but raised no issue. We notified defendant of his right to submit written argument on his…