People v. Wigiert CA3

BACKGROUND

The People’s amended consolidated criminal information charged defendant with stalking (Pen. Code, § 646.9, subd. (b)—count 1)1; resisting, delaying, or obstructing an officer (§ 148, subd. (a)(1)—count 2); corporal injury on a dating partner (§ 273.5, subd. (a)—count 3); criminal threats (§ 422, subd. (a)—count 4); vandalism (§ 594, subd. (b)(2)—count 5); possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)—count 6); and violating a domestic relations court order (§ 273.6, subd. (a)—counts 7-13). The information further alleged that as to counts 1, 3, and 4, defendant had suffered a prior strike (§ 667, subds. (b)-(i)), had suffered a prior serious felony conviction (§ 667, subd. (a)(1)), and had been out on bail when the crimes occurred (§ 12022.1). On July 27, 2021, defendant pled no contest to counts 3 and 4 in exchange for the dismissal of the remaining counts with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 and a midterm prison sentence of three years eight months. Following a consultation with the victim and in order to allow defendant to care for his parents, on October 25, 2021, the People and defendant entered into a new deal…