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People v. Guerrero

California Court of Appeals, Second District, Eighth Division
Jan 5, 2011
No. B222024 (Cal. Ct. App. Jan. 5, 2011)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. BA345041, Steven J. Kleifeld, Judge.

Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


RUBIN, ACTING P. J.

Luis Guerrero appeals from the judgment following his no contest plea to one count of felony indecent exposure. We affirm.

FACTS AND PROCEEDINGS

On August 14, 2008, police officers were summoned to the neighborhood in which defendant resided following the report of a disturbance. As part of their investigation, the officers were approached by Dolores O. who stated that earlier that year defendant had exposed himself to her two daughters. Officers then talked to the two daughters and learned that in separate incidents, one in February of that year and the other in April, defendant had pulled his pants down and exposed his penis. Dolores described her daughters as hysterical and distraught after the incidents. She did not report the crimes to police because she knew that defendant had “a mental disorder.”

On August 18, 2008, the District Attorney filed a two-count information alleging felony violations of Penal Code section 314.1, indecent exposure. The crimes were charged under a provision of the statute that makes it a felony to commit indecent exposure after a prior conviction for the same crime. The information alleged that defendant had been previously convicted of section 314.1 on three occasions.

All statutory references are to the Penal Code.

On September 2, 2008, when the case was called for a preliminary hearing, defense counsel declared a doubt about defendant’s competency under sections 1368-1369. The criminal proceedings were adjourned, and the case was referred to Department 95 of the Superior Court for a competency hearing. Defendant was thereafter declared incompetent to stand trial and transported to Patton State Hospital. A year later, on September 8, 2009, defendant’s competency had been restored and criminal proceedings were reinstated. On November 16, 2009, the matter was in court for preliminary hearing setting, at which time defendant changed his plea and entered a plea of no contest to a single section 314.1 count. He also admitted one of the three prior convictions. Later, pursuant to an agreed upon disposition, defendant was placed on five years felony probation, terms of which included 673 days in county jail, with credit for 449 actual days and 224 good time/work time days in custody. The court also ordered defendant to stay away from, and have no contact with, the victims. The remaining charge was dismissed.

We appointed appellate counsel to represent appellant. On September 22, 2010, counsel filed a Wende brief stating he could not find any arguable issues for appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter to appellant inviting him to file a letter or brief raising any issues he wanted us to consider. Although defendant thereafter wrote a letter to the court, filed on October 12, 2010, that letter raises no issues related to defendant’s no contest plea or his appeal. We have reviewed the record and find no arguable issues for appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: FLIER, J., GRIMES, J.


Summaries of

People v. Guerrero

California Court of Appeals, Second District, Eighth Division
Jan 5, 2011
No. B222024 (Cal. Ct. App. Jan. 5, 2011)
Case details for

People v. Guerrero

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. LUIS GUERRERO, Defendant and…

Court:California Court of Appeals, Second District, Eighth Division

Date published: Jan 5, 2011

Citations

No. B222024 (Cal. Ct. App. Jan. 5, 2011)