P. v. Edwards CA2/7

Filed 7/23/13 P. v. Edwards CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B242471

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA082822) v.

BRIAN DREW EDWARDS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Teri Schwartz, Judge. Affirmed. Brian Drew Edwards, in pro. per. and Jamie Lee Moore, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ___________________________________

Brian Drew Edwards, a registered sex offender, sexually assaulted his niece while she was asleep. On October 12, 2011 Edwards was charged in an amended information with assault with intent to commit rape, sodomy and oral copulation (Pen. Code, §§ 220, subd. (a)(1), 1 count 1), residential burglary (§ 459, count 2) and rape of an unconscious person (§ 261, subd. (a)(4), count 3). It was specially alleged as to all counts Edwards had suffered three prior serious or violent felony convictions for residential burglary within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)- (d)) and had served one separate prison term for a felony (§ 667.5, subd. (b)).2 Edwards pleaded not guilty to the charges and denied the special allegations. Represented by appointed counsel, Edwards entered an open plea of no contest to assault with intent to commit rape, sodomy and oral copulation and to burglary and admitted the special allegations on December 13, 2011.3 Edwards entered his plea and admissions with the understanding the People would forgo amending the information to add two five-year serious felony allegations (§ 667, subd. (a)(1)), and the trial court would consider dismissing two of the alleged prior strike convictions (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero); § 1385) at the sentencing hearing. The record of the plea hearing establishes Edwards was advised of and waived his constitutional rights and was advised of and acknowledged he understood the consequences of his plea and admissions including the possibility of being sentenced to a maximum term of 28 years to life if the court subsequently denied the Romero motion. Counsel stipulated to a factual basis for the plea. The trial court found Edwards had knowingly, voluntarily and intelligently waived his constitutional rights and entered his no contest plea and admissions.