People v. Jarach CA1/1

I. BACKGROUND

Because the facts underlying defendant’s conviction are irrelevant to the issues on appeal, we do not discuss them. The Alameda County District Attorney’s Office charged defendant with infliction of corporal injury to a relationship partner (§ 273.5, subd. (a); count 1) with an enhancement for personal infliction of great bodily injury (§ 12022.7, subd. (e)). Defendant pled no contest to count 1 in exchange for dismissal of the enhancement, placement on probation for five years with six months of county jail custody, and the prosecution’s promise not to oppose reduction of count 1 to a misdemeanor if defendant completed his three years of probation successfully.2 On April 6, 2017, the trial court suspended sentence and placed defendant on formal probation for five years.

2The deputy district attorney stated the promise as follows: “And the People are agreeing that if he performs well on probation, it’s going to be five- year probation, but if he performs well after three years, we will not object to a reduction to a misdemeanor. [¶] He will have five years of formal felony probation. [¶] Six months in the county jail.” Defense counsel and defendant both confirmed…