P. v. Palacios CA2/8
In October 2020, defendant and appellant James A. Palacios agreed to plead no contest to one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) in exchange for a sentence of 90 days in jail, five years of probation and mental health counseling. Defendant waived his trial rights on the record. Counsel joined in the waivers and stipulated to a factual basis for the plea. The court found defendant’s waivers to be knowingly and voluntarily made, accepted defendant’s plea and found him guilty of the assault.
In accordance with the plea agreement, the court suspended imposition of sentence, placed defendant on five years formal probation, awarded him 173 days of custody credits and ordered him to complete mental health counseling through the probation department. Defense counsel advised the court defendant was homeless and requested accommodation on the imposition of fines and fees.
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