P. v. Baez 8/25/06 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H029224

Case Date: 11/01/2006

Preview:Filed 8/25/06 P. v. Baez CA6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. BERNARDO BAEZ, Defendant and Appellant. H029224 (Santa Clara County Super. Ct. No. CC331753)

Defendant Bernardo Baez was sentenced to prison following a no contest plea to a charge of attempted murder. As part of his sentence, the court ordered defendant to pay a restitution fund fine of $2,200. Defendant challenges the court's imposition of that fine on appeal, asserting that it was not part of his plea bargain. For reasons explained below, we reject defendant's challenge and we affirm the judgment. BACKGROUND Because the sole issue in this appeal concerns sentencing, our recitation of the facts will be brief. As indicated in the probation report, the criminal charge against defendant arose from an incident in San Jose, which took place on October 27, 2003. Defendant and two others (Garcia and Cruz) attacked the 16-year-old victim, Jose R., who was dressed in blue. After attempting to determine whether the victim was affiliated with a rival gang, defendant and Garcia struck him with plastic milk crates, while Cruz kicked and hit the

victim with his feet and hands. The victim suffered a skull fracture and lacerations; he was transported to San Jose Hospital, where he underwent emergency surgery. Charges In August 2004, by felony complaint, defendant was charged with one count of attempted premeditated murder for his part in the October 27th attack on Jose R. (Pen. Code,

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