People v. Majerus CA4/1

Good Law
Court of Appeal of CaliforniaJune 21, 2022D078358California4,963 words

Opinion

Opinion

Irion, J.

I.

FACTUAL AND PROCEDURAL BACKGROUND

L.B. was Majerus’s girlfriend and lived with him.2 In April 2018, Majerus hit, strangled, and threatened L.B. An information charged Majerus with one count of inflicting corporal injury on L.B. (§ 273.5, subd. (a)), and one count of making a criminal threat against her (§ 422, subd. (a)). On September 9, 2019, Majerus pled no contest to one count of inflicting corporal injury on L.B. (§ 273.5, subd. (a).) The remaining count was dismissed. Based on the terms of the plea agreement, on October 28, 2019, the trial court imposed and suspended an upper term sentence of four years and placed Majerus on three years of formal probation on the condition that Majerus serve 280 days in jail with credit for 280 days served. The trial court directed the probation department to investigate the appropriate restitution and to “send the matter to the court on noticed motions.” Due to the probation department’s delay in obtaining paperwork from L.B., a restitution hearing originally scheduled for January 2020 was taken off calendar. On August 17, 2020, the probation officer filed a motion to calendar the restitution hearing. In connection with that motion, the…

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