People v. DeJesus CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In March 2019, defendant was arrested after physically assaulting the victim outside a restaurant; the victim suffered injuries to his face and mouth requiring stitches. He was charged with battery with serious bodily injury (§ 243, subd. (d), count 1), and assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)). As to each count, it was further alleged that defendant had a prior strike conviction (§ 1170.12), a prior serious felony conviction (§ 667, subd. (a)), had served two prior prison terms (§ 667.5, subd. (b)), and personally inflicted great bodily injury (§ 12022.7). In July 2019, defendant entered an “open plea” of no contest to counts 1 and 2 and admitted each of the enhancement allegations. At the time of the plea, the court said it was tentatively inclined to grant a Romero (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) motion to strike defendant’s strike. At the sentencing hearing in August 2019, the court struck defendant’s prior strike, and sentenced him to 14 years in state prison, including the upper term of four years for count 2, plus five years for the prior serious felony enhancement, three…