People v. Duran CA4/1

BACKGROUND AND PROCEDURAL FACTS

The State charged Duran with felony criminal threats (§ 422, subd. (a); count 1), misdemeanor battery (§ 242; count 2), misdemeanor violation of a criminal protective order (§ 166, subd. (a)(4); count 3), and felony assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)). The charges stemmed from an incident at Duran’s mother’s home in January 2021, during a time period when Duran’s mother had an active court order prohibiting

Section references are to the Penal Code.

2 Duran from contacting her.2 Duran’s sister reported that Duran had become physically aggressive and scratched her face, leaving two small, half-inch lacerations. Duran also threatened to kill her sister’s daughter. Duran told police she had been attacked by her mother and sister but showed no signs of injury. Duran pled no contest to count 4 under the terms of a plea agreement that dismissed the remaining counts, with Harvey waivers (People v. Harvey (1979) 25 Cal.3d 754). Under the terms of the agreement, Duran was to be sentenced to the upper term of four years, suspended, with three years of formal probation. The agreement required Duran to appear for…