People v. Becerra

243 Cal. Rptr. 3d 657, 32 Cal. App. 5th 178
CourtCalifornia Court of Appeal, 5th District
DecidedFebruary 11, 2019
DocketH045600
StatusPublished
Cited by28 cases

This text of 243 Cal. Rptr. 3d 657 (People v. Becerra) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Becerra, 243 Cal. Rptr. 3d 657, 32 Cal. App. 5th 178 (Cal. Ct. App. 2019).

Opinion

BAMATTRE-MANOUKIAN, ACTING P.J.

*181I. INTRODUCTION

In 2016, in case No. SS160525A, defendant Sotero Genaro Becerra pleaded no contest to driving or taking a vehicle without the owner's consent ( Veh. Code, § 10851, subd. (a) ) and admitted having suffered a prior conviction for the same offense ( Pen. Code, § 666.5, subd. (a) ).1 The trial court sentenced defendant to jail, suspended execution, and placed defendant on mandatory supervision (see § 1170, subd. (h)(5) ).

In 2018, in case No. 17CR005972, defendant pleaded no contest to driving or taking a vehicle without the owner's consent ( Veh. Code, § 10851, subd. (a) ) and misdemeanor resisting an officer (§ 148, subd. (a)(1) ). He also admitted that he had suffered a prior conviction for the same Vehicle Code offense ( § 666.5, subd. (a) ), and that he had *182served a prior term within the meaning of section 667.5, subdivision (b). Defendant was found in violation of his mandatory supervision in the earlier case.

At a combined sentencing hearing, the trial court revoked and terminated mandatory supervision in the earlier case. In the later case, the court sentenced defendant to five years, which consisted of two years in jail and three years on mandatory supervision (see § 1170, subd. (h)(5) ). The court granted 72 days of custody credits.

On appeal, defendant does not raise any issue in the earlier case (No. SS160525A). In the later case (No. 17CR005972), defendant contends that the trial court should have awarded 164 days of custody credits.

For reasons that we will explain, we determine that defendant's claim is not reviewable on appeal because his claim falls within the scope of his appellate waiver in his written plea agreement, and he failed to obtain a certificate of probable cause to challenge the enforceability of the waiver. We will therefore dismiss the appeal.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. The Offenses in case No. 17CR0059722

On December 9, 2017, the police found a parked vehicle that had been reported stolen. Defendant walked directly toward the vehicle, but he fled upon observing an officer standing by the vehicle. Defendant ignored commands to stop but was eventually *661apprehended. Defendant admitted stealing and driving the vehicle.

On December 12, 2017, in case No. 17CR005972, defendant was charged by complaint with driving or taking a vehicle without the owner's consent with four specified prior convictions ( Veh. Code, § 10851, subd. (a) ; § 666.5, subd. (a) ; count 1), receiving a stolen motor vehicle (§ 496d, subd. (a); count 2), resisting an officer (§ 148, subd. (a)(1); count 3), and misdemeanor driving without a license ( Veh. Code, § 12500, subd. (a) ; count 4). The complaint further alleged that defendant had served three prior terms within the meaning of section 667.5, subdivision (b).

*183B. Written Waiver of Rights and Plea Agreement

On July 17, 2018, defendant initialed and signed a waiver of rights and plea agreement. Relevant here, defendant initialed paragraph No. 14, regarding the waiver of appellate rights, which stated: "(Appeal and Plea Withdrawal Waiver) I hereby waive and give up all rights regarding state and federal writs and appeals. This includes, but is not limited to, the right to appeal my conviction, the judgment, and any other orders previously issued by this court. I agree not to file any collateral attacks on my conviction or sentence at any time in the future. I further agree not to ask the Court to withdraw my plea for any reason after it is entered." (Bold omitted.)

Defendant also signed provisions that stated the following: "I offer my plea of guilty or no contest freely and voluntarily and of my own accord. ... [¶] I have read, or have had read to me, this form and have initialed each of the items that applies to my case. I have discussed each item with my attorney. By putting my initials next to the items in this form, I am indicating that I understand and agree with what is stated in each item that I have initialed. ... I understand each of the rights outlined above and I give up each of them to enter my plea."

Defendant's trial counsel signed a provision in the agreement stating, "I have reviewed this form with my client and have explained each of the items in the form, including the defendant's constitutional rights, to the defendant and have answered all of his or her questions concerning the form and the plea agreement. ... [¶] I concur in the defendant's decision to waive the above rights and enter this plea, and believe the defendant is doing so knowingly, intelligently, and voluntarily."

Defendant appeared in court the same day that he executed the waiver of rights and plea agreement. The trial court confirmed that defendant had signed, initialed, and understood the form. The court specifically asked defendant: "[D]o you also waive and give up your rights to appeal as indicated by your initials on paragraph 14?" Defendant responded, "Yes."

On motion of the prosecution, count 3 for resisting an officer (§ 148, subd. (a)(1) ) was amended to allege a misdemeanor. Defendant pleaded no contest to the amended count and no contest to driving or taking a vehicle without the owner's consent ( Veh. Code, § 10851, subd. (a) ; count 1). He also admitted that he suffered a prior conviction for the same Vehicle Code offense ( § 666.5, subd. (a) ), and that he had served a prior term within the meaning of section 667.5, subdivision (b). The remaining counts and allegations were taken under submission for dismissal at the time of sentencing. The trial court accepted defendant's pleas and found that he knowingly, intelligently, and voluntarily waived his rights.

*662*184The trial court also signed defendant's written waiver and plea agreement, finding that defendant "expressly, knowingly, understandingly, and intelligently waives [his] constitutional and statutory rights; the defendant's plea, admissions, and waiver of rights are freely and voluntarily made; the defendant understands the nature of the charges and the consequences of the plea and admissions; and that there is a factual basis for the same. The Court accepts the defendant's plea and admissions ...."

In the earlier case, No. SS160525A, the trial court found defendant in violation of his mandatory supervision.

C. Sentencing Hearing

A sentencing hearing was held in both cases on February 28, 2018. The trial court, the parties, and the probation department discussed defendant's sentence and the calculation of custody credits. Defendant objected to the court's calculation of custody credits in the later case.

In the later case, the trial court sentenced defendant to five years, which consisted of two years in jail and three years on mandatory supervision (see § 1170, subd. (h)(5) ).

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Cite This Page — Counsel Stack

Bluebook (online)
243 Cal. Rptr. 3d 657, 32 Cal. App. 5th 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-becerra-calctapp5d-2019.