P. v. Quenneville

Filed 7/11/06 P. v. Quenneville CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Amador)

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Jackson police arrested defendant Rom S. Quenneville following an altercation between defendant and his 78-year-old father, Donald Quenneville. The district attorney charged defendant with inflicting injury on an elder or dependent adult (Pen. Code, § 368, subd. (b)(1)).^[1] The complaint also alleged the victim suffered great bodily injury (§ 368, subd. (b)(2)) and defendant had served a prior prison term (§ 667.5, subd. (b)).

Pursuant to People v. West,^[2] defendant pled guilty to violating section 368, subdivision (b)(1) and admitted the amended enhancement that he had inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). The district attorney dismissed the remaining special allegations. Under the plea agreement, defendant was to receive a five-year term in state prison. Defendant unsuccessfully moved to withdraw the plea. The trial court sentenced him to five years in accordance with the plea agreement.

Defendant appeals, arguing the court abused its discretion in denying his motion. The trial court granted his request for a certificate of probable cause.

FACTUAL AND PROCEDURAL BACKGROUND

The probation report sets forth the circumstances surrounding the charged offense. Jackson Police Officer Ortega responded to a call involving a physical altercation around 10:30 p.m. on the night of June 24, 2005. When defendant admitted Ortega to the apartment, Ortega noticed defendant was bleeding from the nose. Defendant said he and his father â€