P. v. Parlato CA1/4
Defendant Alexander Parlato appeals from a judgment of conviction entered after he pleaded no contest to forcible rape (Pen. Code, § 261, subd. (a)(2)), forcible sexual penetration (§ 289, subd. (a)(1)(A)), and corporal injury on a girlfriend (§ 273.5, subd. (a)); admitted he had personally inflicted great bodily injury upon his victim under circumstances involving domestic violence (§ 12022.7, subd. (e)); and admitted he had suffered a prior strike conviction (§§ 1170.12, subds. (b) & (c), 667, subds. (d) & (e).) Pursuant to a negotiated plea agreement, the trial court sentenced him to 22 years in state prison. On appeal, defendant contends the trial court erred by denying his request to strike the factual recitation in the probation report and replace it with the preliminary hearing transcript. He further contends the court erred by denying his request to strike the reference to his Static-99 test because the probation report failed to include a “Facts of Offense Sheet”
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