Opinion
A148764
01-13-2017
THE PEOPLE, Plaintiff and Respondent, v. RONALD JAMES RATTO, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Napa County Super. Ct. No. CR176813)
Defendant Ronald James Ratto appeals a judgment entered upon his plea of no contest to dissuading a witness. His counsel has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has been apprised of his right to personally file a supplemental opening brief, but he has not done so.
According to the police report that served as the factual basis for the plea, the police department had responded to numerous complaints of defendant and a woman arguing and "squatting" in a red-tagged, unoccupied triplex. The victim told a police officer that, on July 2, 2015, she was in a market when defendant came up behind her, approached to less than an arm's length from her, and asked her if she had called the "cops" on him. She told defendant she had not done so, and defendant told her no one should call the cops on him and that "people who call the cops on him would find out how wrong it was." The witness said it was clear defendant was trying to intimidate her to prevent her from reporting his behavior to the police.
Defendant was charged by information with a felony count of dissuading a witness while having a prior conviction for dissuading a witness (Pen. Code, § 136.1, subd. (c)(3)) with an allegation that he had suffered a prior strike conviction of a serious or violent felony (§§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i)). (See § 1192.7, subd. (c)(37).)
All undesignated statutory references are to the Penal Code.
Pursuant to a plea agreement, defendant pleaded no contest to the charged offense and admitted the strike prior. The agreement provided a six-year "lid" on the sentence, included a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754) with respect to charges in several other cases that would be dismissed and specified that a Romero motion would be argued at sentencing. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) [trial court may exercise power to dismiss prior felony allegations in cases charged under the "Three Strikes" law, subject to § 1385].) The court accepted the plea and dismissed the other cases with Harvey waivers.
The sentencing triad for a violation of section 136.1, subdivision (c)(1) is two, three, or four years. --------
Defendant moved to dismiss the strike prior. (Romero, supra, 13 Cal.4th 497; § 1385.) In their opposition, the People argued that defendant had a lengthy criminal history, dating to 1976, including eight prior felonies. The probation officer's report set forth the facts of the dismissed cases to which the Harvey waiver applied, which involved thefts from stores between March 2015 and October 2015.
The trial court denied the Romero motion, noting that defendant had eight prior felony convictions, including a relatively recent conviction of dissuading a witness, and finding defendant did not fall outside ambit of the Three Strikes law. The court imposed the low term of two years, doubled for the prior strike conviction, for a four-year prison term. It granted 353 days in presentence credits, and imposed a $40 court security fee (§ 1465.8), a $30 criminal conviction assessment (Gov. Code, § 70373), and $300 restitution and parole revocation fines (§§ 1202.4, 1202.45), with restitution to the victim in an amount to be determined. The court also required defendant to provide prints and DNA samples (§ 296) and participate in a substance abuse counseling or education program in prison (§ 1203.096).
There are no meritorious issues to be argued.
DISPOSITION
The judgment is affirmed.
/s/_________
Rivera, J. We concur: /s/_________
Ruvolo, P.J. /s/_________
Streeter, J.