Opinion
A143130 A145433
09-25-2017
In re NICHOLAS H., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. NICHOLAS H., Defendant and Appellant. In re Nicholas H., On Habeas Corpus
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Contra Costa County Super. Ct. No. J11-00568) BY THE COURT
After entering a no contest plea to one count of lewd acts on a child under the age of 14 (Pen. Code, § 288, subd. (a)) and one count of misdemeanor assault (§ 245, subd. (a)(4)), the trial court committed the minor to the Department of Juvenile Justice (DJJ) for a maximum term of eight years, four months. Minor filed the instant appeal claiming that his no contest plea was entered without being advised of the possibility of DJJ commitment and of the mandatory lifetime sex offender registration following a DJJ commitment for a section 288 offense. (§ 290.008, subd. (c).).
All further statutory references are to the Penal Code. --------
In minor's related habeas proceeding, we granted an order to show cause, finding he had articulated a prima facie case for relief on his claim that trial counsel rendered ineffective assistance of counsel during the plea bargaining process and by failing to move to withdraw his plea. Minor's appeal was held in abeyance pending the resolution of habeas proceeding.
Appellate counsel has informed us that minor was permitted to withdraw his admissions to the sex-related offenses and to replace them with an admission of one felony count of assault (§ 245, subd. (a)(4).) Appellate counsel further advises that the minor has been paroled from DJJ and is no longer subject to section 290 registration. Accordingly, appellate counsel has requested the habeas petition and the appeal be dismissed as moot.
This court takes judicial notice of the postappeal proceedings in In re Nicholas H., Contra County Superior Court, case No. J11-00568, as described in appellate counsel's March 15, 2017 and August 16, 2017 letters to the court. The appeal in case number A143130 and the related habeas corpus proceeding in case number A145433 are dismissed as moot.
/s/_________
REARDON, J. We concur: /s/_________
RUVOLO, P. J. /s/_________
RIVERA, J.