P. v. Dieters
Defendant Michael Eric Dieters appeals from a judgment imposing the upper term upon his plea of nolo contendere to the charge of assault with a deadly weapon or by means of force likely to produce great bodily injury in violation of Penal Code section 245, subdivision (a). Upon the entry of his plea, numerous additional counts were dismissed. The court sentenced defendant to the upper term of four years, as it had previously advised him would be the maximum period of commitment, and suspended execution of the sentence and placed defendant on three years probation. Defendant filed a timely notice of appeal challenging the sentence and also the validity of his plea. His request for a certificate of probable cause was denied and he therefore makes no contention with respect to the latter issue. Court agree with defendants implicit recognition that this court is bound by the decision in Black II, and that the sentence in this case was imposed in accordance with the standards approved in that case. The judgment is affirmed.
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