People v. Perez CA2/3

INTRODUCTION

After defendant Wilfredo Perez pled guilty to assaulting his father, he was placed on probation, ordered to complete a drug treatment program, and ordered to stay away from his father. When defendant failed to report to the drug treatment program, the court terminated probation and executed the previously- imposed sentence. Our independent review of the record has revealed no arguable appellate issues, and we affirm.

BACKGROUND

By felony complaint dated July 16, 2020, defendant was charged with assault with a deadly weapon (Pen. Code, § 245,1 subd. (a)(1); count 1) and criminal threats (§ 422; count 2) against his father. The complaint also alleged defendant personally used a deadly weapon—a bat—in the commission of count 2 (§ 12022, subd. (b)(1)). On September 10, 2020, the complaint was amended to add a charge of assault likely to produce great bodily injury (§ 245, subd. (a)(4); count 3), to which defendant pled no contest. Counts 1 and 2 were dismissed. In accordance with the plea agreement, the court imposed the mid-term of three years for count 3, suspended execution of the sentence, and placed defendant on three years’ probation. Among other probation…