People v. Wertz CA1/2

Filed 5/30/24 P. v. Wertz CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A167930

v. (Lake County Super. Ct. JEREMIAH WERTZ, No. CR963953) Defendant and Appellant.

Defendant Jeremiah Wertz appeals from the sentence imposed after he pleaded no contest to two counts of inflicting corporal injury on a person with whom he had a dating relationship. He contends the trial court erred in imposing an upper term and in assessing restitution fines without a showing of present ability to pay. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Plea In March 2023, defendant entered a plea of no contest to two counts of willfully inflicting corporal…