P. v. Bailon
Filed 11/22/10 P. v. Bailon CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. YOVANNA LUNA BAILON et al., Defendants and Appellants. | H035432 (Monterey County Super. Ct. No. SS090966) |
Defendants Yovanna Luna Bailon and Emma Rosales Liborio were each charged by information with one count of battery with serious bodily injury, a felony. (Pen. Code, § 243, subd. (d).) Defendants pleaded no contest with the understanding that the trial court would reduce the charges to misdemeanors. At sentencing, however, the trial court decided that it would not reduce the charges and allowed defendants to withdraw their pleas.
The matter went to trial and the jury convicted defendants on the counts charged, finding as to each defendant that she had personally inflicted serious bodily injury upon the victim. The court suspended imposition of the sentence and placed defendants on probation for three years, imposing as a condition of probation joint and several victim restitution of $13,112.66. Defendant Bailon was ordered to serve 240 days in jail; defendant Liborio was to serve 120 days.
We appointed counsel to represent defendants in this court. Appointed counsel have filed opening briefs stating the case and the facts but raise no specific issues. We mailed notices to both defendants at their last known addresses informing them of their right to submit written argument in their own behalf within 30 days. That period has elapsed. The notices were returned as undeliverable and we have received no written argument from defendants.
I. Background
The victim Aurelia Santiago Gomez worked at a restaurant. On or about March 12, 2009, she was at work when defendants appeared at the door to the kitchen and called to her to come out. The victim went to the door, whereupon defendants yelled at her, telling her they were going to â€
| Description | Defendants Yovanna Luna Bailon and Emma Rosales Liborio were each charged by information with one count of battery with serious bodily injury, a felony. (Pen. Code, § 243, subd. (d).) Defendants pleaded no contest with the understanding that the trial court would reduce the charges to misdemeanors. At sentencing, however, the trial court decided that it would not reduce the charges and allowed defendants to withdraw their pleas. The matter went to trial and the jury convicted defendants on the counts charged, finding as to each defendant that she had personally inflicted serious bodily injury upon the victim. The court suspended imposition of the sentence and placed defendants on probation for three years, imposing as a condition of probation joint and several victim restitution of $13,112.66. Defendant Bailon was ordered to serve 240 days in jail; defendant Liborio was to serve 120 days. We appointed counsel to represent defendants in this court. Appointed counsel have filed opening briefs stating the case and the facts but raise no specific issues. We mailed notices to both defendants at their last known addresses informing them of their right to submit written argument in their own behalf within 30 days. That period has elapsed. The notices were returned as undeliverable and we have received no written argument from defendants. |
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