P. v. Marion
This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
In September 2012, by plea agreement, defendant pleaded guilty to felony vandalism (Pen. Code, § 594, subd. (a))[1] and reckless driving (Veh. Code, § 23103), in return for a guarantee of five years of probation, including 180 days in county jail and a three-year sentencing lid if defendant violated probation. The factual basis for the plea was as follows: On the afternoon of September 9, 2010, defendant, driving a Chevrolet Blazer on State Route 88 in Amador County, forced the victim’s car (a Mazda Miata) into westbound lanes against traffic; then defendant dropped back, got behind the victim’s car, and moved to its right, again trying to force the victim into the opposing lane; then defendant got behind the victim’s car, went on the opposing lane side of the car, drove in front of it, and came into the victim’s lane, striking the front of the car and causing damages in excess of $400.
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