People v. Marchand CA3

BACKGROUND

The People’s October 14, 2020 criminal complaint charged defendant with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count one)1; corporal injury on a spouse or cohabitant with a prior (§ 273.5, subd. (a); count two); criminal threats (§ 422, subd. (a); count three); unlawful possession of a firearm (§ 29805, subd. (b); count four); and destruction of a wireless communication device (§ 591.5; count five). On November 9, 2020, the People amended the complaint to add a violation of a criminal protective order (§ 166, subd. (c)(1); count six), and defendant pleaded no contest to counts one and six in exchange for dismissal of the remaining counts and a two-year sentencing lid. The stipulated factual basis for his plea was the police report as stated on the plea form. On February 5, 2021, the trial court sentenced defendant to two years in prison for count one and a concurrent term of one year for count six with 119 actual credits and 118 conduct credits for a total of 237 custody credits. The trial court also imposed a $750 restitution fine (§ 1202.4, subd. (b)), a $750 suspended parole revocation restitution fine (§ 1202.45), two $40 court security fees…