California Court of Appeal Jan 28, 2025 No. E082872Unpublished
Filed 1/28/25 P. v. Moralez CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E082872
v. (Super.Ct.No. FMB23000072)
DENNIS DELGADO MORALEZ, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Christopher S.
Pallone. Affirmed.
Michelle T. LiVecchi-Raufi, under appointment by the Court of Appeal, for
Defendant and Appellant.
No appearance by Plaintiff and Respondent.
1
INTRODUCTION
Defendant and appellant Dennis Delgado Moralez appeals from a judgment
granting him two years of felony probation, after he pled guilty to one count of criminal
threats. We affirm.
PROCEDURAL BACKGROUND
Defendant was charged by information with assault with a deadly weapon (Pen.
Code1, § 245, subd. (a)(1), counts 1 and 2), and criminal threats (§ 422, count 3). The
information also alleged a weapon enhancement (§ 12022, subd. (b)(1)), prior strike
convictions (§§ 1170.12, subds. (a)-(d) and 667, subd. (b)-(i)), and prior serious felony
convictions (§ 667, subd. (a)(1)). Pursuant to a plea agreement, defendant pled guilty to
count 3. In exchange, the court placed him on probation for a period of two years under
specified conditions. The People moved to dismiss the remaining counts and allegations,
and the court granted the motion.
On December 22, 2023, defendant filed a handwritten notice of appeal, in propria
persona, challenging the probation condition that required him to “[r]egister with law
enforcement pursuant to H&S [Health & Safety Code] 11590/11594 and provide proof to
the Probation Officer, as ordered by the court.” (Hereinafter, the probation condition.)
He claimed he “did not enter into a plea agreement with the prosecutor of having to
register with law-enforcement pursuant to any Health and Safety Codes.” Defendant
asked this court to strike the probation condition.
1 All further statutory references will be to the Penal Code unless otherwise indicated. 2
On June 19, 2024, appellate counsel filed a letter requesting the superior court to
remove the probation condition, noting that Health and Safety Code section 11590 was
repealed effective January 1, 2020, so the condition was no longer legally valid. (See
appellate counsel’s letter dated June 19, 2024.) On July 26, 2024, the court granted the
request and struck the probation condition.
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of
the case and no potential arguable issues. Counsel has also requested this court to
undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which
he has done. Defendant discusses the facts of the case, including details about the victim
and his conduct and background. He then states the probation condition requiring him to
register with law enforcement under certain Health and Safety Codes “gave rise to this
appeal.” Defendant acknowledges that the “issue was corrected.”
Defendant additionally states that, during the course of this appeal, he “discovered
a couple of legal issues” and claims that the prosecutor was “vindictive towards [him]”
and that the victim was previously arrested and charged with various offenses and also
violated his parole. Defendant then claims the victim was “shown leniency” by the
prosecutor in similar circumstances to his, and the prosecutor overcharged him
3
[defendant] in this case, due to racial discrimination. Defendant “requests relief as this
Court deems just and proper in the furtherance of justice.”
Defendant’s notice of appeal challenges the court’s order requiring him to register
with law enforcement pursuant to Health & Safety Code sections 11590/11594. He asked
this court to strike the probation condition. However, as he acknowledges, the issue on
appeal has been resolved, since the trial court subsequently struck the disputed probation
condition. Further, because defendant entered a guilty plea and did not obtain a
certificate of probable cause, we may only entertain an appeal based on (1) “‘[g]rounds
that arose after entry of the plea and do not affect the plea’s validity,’” or (2) “‘[t]he
denial of a motion to suppress evidence under Penal Code section 1538.5.’” (People v.
Maultsby (2012) 53 Cal.4th 296, 299, fn. 2.) The additional issues identified by
defendant fall outside the permissible scope of appeal.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have
conducted an independent review of the record and find no arguable issues.
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DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
FIELDS J.
We concur:
McKINSTER Acting P. J.
MILLER J.
5
AI Brief
AI-generated · verify before citing
Holding. The court affirmed the judgment after finding no arguable issues on appeal, noting that the defendant's specific challenge to a probation condition had already been resolved by the trial court.
Issues
Whether the trial court erred in imposing a probation condition requiring registration under repealed Health and Safety Code sections.
Whether the defendant's additional claims of prosecutorial vindictiveness and discrimination are cognizable on appeal following a guilty plea without a certificate of probable cause.
Disposition. Affirmed
Quotations verified verbatim against the opinion
“the issue on appeal has been resolved, since the trial court subsequently struck the disputed probation condition.”
“The additional issues identified by defendant fall outside the permissible scope of appeal.”
“we have conducted an independent review of the record and find no arguable issues.”