P. v. Diaz CA3
The parties stipulated that the facts from the probation report formed the factual basis for defendant’s plea. In summary, an officer confronted defendant regarding an outstanding warrant and defendant dropped his child to the floor during a struggle with two more arriving officers. Defendant struck one officer in the face and a second officer sustained a knee injury.
In July 2021, defendant pleaded guilty to child abuse (Pen. Code, § 273a, subd. (a)), resisting an executive officer (§ 69), and battery causing serious bodily injury (§ 243, subd. (d)) in exchange for dismissal of the remaining charges and a charge in a separate case; the parties agreed defendant’s sentence would not exceed seven years eight months. The trial court sentenced defendant to an aggregate term of seven years eight months in prison that included a six-year upper term for child abuse.
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