Opinion
B232022
10-06-2011
THE PEOPLE, Plaintiff and Respondent, v. GENE GONZALES, Defendant and Appellant.
California Appellate Project and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. NA084136)
APPEAL from a judgment of the Superior Court of Los Angeles County, Mark C. Kim, Judge. Affirmed.
California Appellate Project and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Gene Gonzales appeals from the judgment entered following his plea of no contest to failing to register as a sex offender after changing his address in violation of Penal Code section 290, subdivision (b), his plea of no contest to failing to notify the authorities of a change of address in violation of section 290.013, subdivision (b), and his plea of no contest to failing to annually update his registration in violation of section 290.012, subdivision (a). The trial court suspended imposition of sentence and granted Gonzales three years formal probation. We affirm the judgment.
All further statutory references are to the Penal Code unless otherwise indicated.
FACTUAL AND PROCEDURAL BACKGROUND
1. Factual background.
Long Beach Police Officers were searching the records of known sex offenders in the Long Beach area when they discovered that Gonzales had failed to update his address. Officers went to his last known address, 1063 Lewis Avenue, and found that he did not live there. The apartment manager told the officers that he had not rented to anyone named Gonzales since 2009. On the afternoon of June 22, 2010, Gonzales was found and taken into custody.
The facts have been taken from the probation report.
2. Procedural history.
At proceedings held on November 3, 2010, the trial court indicated, "My understanding is there's a prelim waiver; is that correct?" Defense counsel responded: "Yes." The court then addressed Gonzales and said, "Mr. Gonzales, you have the right to have a formal preliminary hearing. If you had a prelim, that's when I would listen to the evidence and decide whether the case should move on to the next stage in the system. [¶] I'm not deciding guilt or innocence in this court. I'm just deciding: [¶] (1) Do I think a crime occurred? [¶] (2) Do I think there's enough to move on? [¶] (3) Do I think you're somehow involved in it? [¶] During that prelim, you have the right to cross-examine and confront witnesses, the right to present a defense, and the right to remain silent. [¶] Do you understand your right to a prelim and all the rights that go along with it? [¶] [Gonzales]: Yes. [¶] The Court: Do you waive your right to a prelim and all the rights that go along with it and agree this matter can just go on to the next stage in the process? [¶] [Gonzales]: Yes, Your Honor." Defense counsel then joined in the waiver.
Gonzales was charged by information filed on November 17, 2010 with failure to register as a sex offender after changing his address in violation of section 290, subdivision (b), a felony (count 1); failure to file a change of address in violation of section 290.013, subdivision (b), a felony (count 2); and failure to annually update his registration in violation of section 290.012, subdivision (a) (count 3). The prosecutor then amended the complaint by interlineation to allege a prior strike pursuant to sections 667, subdivisions (b) to (i) and 1170.12, subdivisions (a) to (d). On June 9, 1999, Gonzalez had been convicted of three counts of sexual battery in violation of section 243.4, subdivision (a). However, the trial court noted that the offenses had already been alleged pursuant to section 1203, subdivision (e)(4), prohibiting the granting of probation except under special circumstances.
The trial court set bail at $20,000 and ordered Gonzales to answer to the charges.
The case was called for arraignment on November 17, 2010. Gonzales entered pleas of "not guilty" to each count.
At proceedings held on January 18, 2011, the prosecutor indicated that Gonzales should be sentenced on each count to the mid-term of 2 years or the low-term of 16 months in prison. Defense counsel requested "straight probation." The trial court indicated that, based on Gonzales's record, it was willing to grant him probation. The court continued, "I am willing to give you a straight probation, but that does not mean, if you violate any condition of your probation, that you may not go back to state prison."
After the prosecutor reviewed the charges against Gonzales and Gonzales indicated that he understood them, the prosecutor obtained waivers from Gonzales regarding his constitutional rights. Gonzales waived his right to a jury or court trial, his right to remain silent, his right to use the subpoena power of the court to present witnesses in his favor, the right to confront and cross-examine the witnesses against him, and the right to testify in his defense.
The following colloquy then occurred: "[The prosecutor]: Because you are admitting to a crime, three crimes, it's going [to] have . . . consequences for you. [¶] If you are on probation or parole in any other case, your plea here today can affect those terms. [¶] You will be required to submit a sample of your DNA pursuant to . . . section 296. [¶] The charges that you're pleading to will require you to register as a sexual registrant, sexual offender, under . . . section 290. [¶] If you are not a citizen of this country, you will be deported, denied re-entry, naturalization and amnesty. [¶] Do you understand everything that I have just explained here to you? [¶] [Gonzales]: Yes, I do."
The prosecutor explained to Gonzales that his "maximum exposure," should he violate the terms of his probation, was three years. Gonzales indicated that he understood, that he was entering the pleas freely and that he believed to do so was in his best interest.
Gonzales then pleaded no contest to a violation of section 290, subdivision (b) as alleged in count 1, to a violation of section 290.013, subdivision (b) as alleged in count 2 and to a violation of section 290.012, subdivision (a) as alleged in count 3.
After the trial court concluded that Gonzales had freely, knowingly and understandingly entered his pleas, the court suspended imposition of sentence and granted Gonzales formal probation for a period of three years under various terms and conditions.
The sentence imposed on count 2 was stayed pursuant to section 654.
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Gonzales was ordered to pay a $120 court security assessment (§ 1465.8, subd. (a)(1)), a $90 criminal conviction assessment (Gov. Code, § 70373), a $200 restitution fine (§ 1202.4, subd. (b)) and a suspended $200 probation revocation restitution fine (§ 1202.44). In addition, he was ordered to report to the financial officer "for determination of [the] value of [the] services rendered and [his] ability to pay [the] costs of court appointed counsel or [the] public defender."
Gonzales filed a timely notice of appeal on March 18, 2011.
This court appointed counsel to represent Gonzales on appeal on June 13, 2011.
CONTENTIONS
After examination of the record, counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record.
By notice filed July 13, 2011, the clerk of this court advised Gonzales to submit within 30 days any contentions, grounds of appeal or arguments he wished this court to consider. No response has been received to date.
REVIEW ON APPEAL
We have examined the entire record and are satisfied counsel has complied fully with counsel's responsibilities. (Smith v. Robbins (2000) 528 U.S. 259, 278-284; People v. Wende (1979) 25 Cal.3d 436, 443.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
ALDRICH, J. We concur:
KLEIN, P. J.
KITCHING, J.