People v. Bautista CA5

INTRODUCTION

Defendant Ariel Aldo Bautista was charged by information with one felony count of assault by means of force likely to produce great bodily injury (GBI) with an attached sentence enhancement for personal infliction of GBI (Pen. Code, §§ 245(a)(4), 12022.7, subd. (a)),1 and one felony count of battery with infliction of serious bodily injury (§§ 242, 243, subd. (d)). Pursuant to the parties’ plea agreement, the prosecutor amended count 1 to assault with a deadly weapon other than a firearm, in violation of section 245, subdivision (a)(1), and moved to dismiss the sentence enhancement allegation and count 2. Defendant entered an open plea of guilty to count 1 as amended. The trial court dismissed the enhancement attached to count 1 and count 2, and sentenced defendant to the upper term of four years in prison. Relevant to this appeal, the court also imposed the following fines and fees: a restitution fine of $300 under section 1202.4, subdivision (b)(1); a parole revocation restitution fine of $300 under section 1202.45, subdivision (a), suspended; a court operations assessment of $40 under section 1465.8, subdivision (a)(1); a court facilities assessment of $30 under…