P. v. Reid CA3
Defendant Dontae Demitre Reid pled no contest in November 2017 to assault by means of force likely to produce great bodily injury and assault with a deadly weapon and admitted he personally inflicted great bodily injury. He received a sentence of seven years in state prison. He did not seek a certificate of probable cause.
Counsel for defendant filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.)
After reviewing the record, we asked the parties to address in supplemental briefing whether the trial court erred in sentencing. In response, defendant challenges his sentence by arguing he could not be convicted of violating both subdivision (a)(1) and (4) of Penal Code section 245. The People argue this contention fails because defendant did not obtain a certificate of probable cause. We agree.
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