P. v. Castro CA5
Appellant Pedro Castro pled no contest to domestic violence (Pen. Code, § 273.5, subd. (a); count 1) and assault with a deadly weapon (§ 245, subd. (a)(1); count 4), and he admitted a great bodily injury enhancement involving domestic violence (§ 12022.7, subd. (e)) in count 4.
On appeal, Castro contends he is entitled to remand for resentencing because in sentencing him the court: (1) considered information that was outside the record; and (2) exercised its discretion based on a misapprehension of a material aspect of his prior criminal record. Alternatively, he contends he was denied the effective assistance of counsel if he forfeited these issues by defense counsel’s failure to interpose an appropriate objection. We affirm.
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