People v. West CA3

BACKGROUND

On February 15, 2022, defendant resolved the case against him by pleading guilty to resisting a peace officer causing serious bodily injury (Pen. Code, § 148.10, subd. (a)) (subsequent undesignated statutory references are to the Penal Code) and in exchange

1 received a sentencing lid of three years and dismissal of the remaining charges. The stipulated factual basis for his plea was a Department of Fish and Game report No. 220208NORFW0005. On March 14, 2022, the trial court denied defendant’s request for probation and sentenced him to the midterm of three years with credit for 35 actual days, plus 34 conduct days for a total of 69 days’ custody credit. The court further imposed as incorporated from the probation department’s report a $30 conviction assessment fee (Gov. Code, § 70373), a $40 court operations assessment fee (§ 1465.8), a $900 restitution fine (§ 1202.4), and a $900 parole revocation restitution fine (§ 1202.45) “to be stayed upon successful completion of parole.” Defendant timely appealed and did not request a certificate of probable cause.

DISCUSSION

Appointed counsel filed an opening brief that sets forth the facts and procedural history of the…