People v. Burnette CA3

facts underlying dismissed counts . . . to sentence me on the counts to which I am entering a plea.” Defendant’s initials do not appear in the box corresponding to this provision. Rather, the box is crossed out. Psychiatrist’s Report After defendant’s plea and before sentencing, defense counsel expressed doubt regarding defendant’s mental competency. Accordingly, the trial court suspended proceedings and appointed a psychiatrist to examine defendant. In a written report, the psychiatrist opined defendant was competent to stand trial and observed he might “be a good candidate” for probation. Probation Officer’s Report A probation officer recommended formal probation. People’s Sentencing Memorandum In a December 2021 pleading, the People requested a three-year term in state prison, emphasizing defendant “[h]eld a butcher knife to his girlfriend’s stomach,” “[p]unctured [her] abdomen with” it and “threatened to kill her.”

3 Sentencing Hearing In a February 2022 hearing, defense counsel asked the trial court to grant probation in light of the psychiatrist’s report. The trial court disagreed, explaining “probation [was not] appropriate in th[e] matter” in light of, inter alia,…