People v. Zavala CA3

BACKGROUND

Due to the limited scope of issues presented on appeal, a full recital of the facts is unnecessary. It suffices to say that after the victim broke out the rear window of defendant’s car, defendant drove his car into the victim, causing injuries that resulted in the amputation of the victim’s leg.

1 The People filed a complaint charging defendant with mayhem (Pen. Code, § 203)1 and assault with a deadly weapon. (§ 245, subd. (a)(1).) The complaint also alleged defendant inflicted great bodily injury on the victim in the assault. (§ 12022.7, subd. (a).) On September 9, 2021, pursuant to a plea agreement, defendant pleaded no contest to assault with a deadly weapon and admitted he inflicted great bodily injury in exchange for a sentence of seven years. (§§ 245, subd. (a)(1), 12022.7, subd. (a).) The remaining charge was dismissed pursuant to a Harvey2 waiver. The same day, the trial court sentenced defendant to seven years in prison. It also imposed a $300 restitution fine (§ 1202.4, subd. (b)), a suspended $300 parole revocation restitution fine (§ 1202.45), a $40 court operations assessment (§ 1465.8), and a $30 conviction assessment. (Gov. Code, § 70373.) Defendant…