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The People v. Jesus Manuel Farias

April 12, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JESUS MANUEL FARIAS, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. CM024123 & CM025769)

The opinion of the court was delivered by: Mauro, J.

P. v. Farias

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Jesus Manuel Farias pleaded no contest in an initial case to assault with a deadly weapon. Then, after he failed to appear for sentencing while out on bail, a second case was filed and he pleaded no contest to failure to appear. The trial court sentenced defendant in the first case to three years in prison for assault with a deadly weapon, and in the second case to a consecutive eight months for failure to appear. The trial court also awarded presentence custody credit in each case and imposed various fines and fees.

Defendant contends on appeal that (1) the trial court erred in allocating his presentence custody credit between his first and second offenses, rather than applying them to his aggregate term of three years eight months, (2) the court facilities assessment imposed under Government Code section 70373 must be stricken because it violated the constitutional prohibition against ex post facto laws, and (3) defendant is entitled to additional presentence custody credit under Penal Code section 4019.*fn1

We conclude that (1) the trial court properly allocated the presentence custody credit between cases, because the presentence custody was attributable to different crimes charged in different cases; (2) this court has previously rejected the contention that the court facilities assessment violates the constitutional prohibition against ex post facto laws; and (3) defendant is not entitled to additional presentence custody credit because he was convicted of a serious felony. We will affirm the judgment.

BACKGROUND

According to the probation report in case No. CM024123, on September 11, 2004, after a series of confrontations between two groups with possible rival gang affiliations, defendant fired shots at victim Johnny Savangsy, injuring him.

On February 8, 2006, defendant was charged in case No. CM024123 with assault with a deadly weapon by means of force likely to produce great bodily injury. (§ 245, subd. (a)(1).) It was further alleged that he used a firearm in the commission of the offense (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)) and that he personally inflicted great bodily injury on the victim, who was not an accomplice (§ 12022.7, subd. (a)), making the offense both a serious felony and a violent felony. (§§ 667.5, subd. (c)(8), 1192.7, subd. (c)(8).)

On May 24, 2006, defendant pleaded no contest to the assault charge; in return, the trial court struck the allegation that the offense involved the use of force likely to produce great bodily injury and dismissed the remaining allegations. While awaiting sentencing and the completion of a probation report, defendant was released on bail and ordered to appear for sentencing on September 13, 2006.

Defendant did not appear for sentencing on September 13, 2006. A new complaint was filed on September 22, 2006, bearing case No. CM025769, charging defendant with failure to appear while on bail (§ 1320.5), and an arrest warrant was issued. The warrant was served on defendant on January 5, 2010.

On January 26, 2010, defendant pleaded no contest to failure to appear. The trial court ordered defendant held in custody without bail as to ...


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