People v. Quiroz CA1/3

Filed 3/28/25 P. v. Quiroz CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A169971 v. ADER ALDAIR QUIROZ, (Napa County Super. Ct. Nos. 21CR000171, 21CR000232) Defendant and Appellant.

MEMORANDUM OPINION1 The People charged defendant Ader Aldair Quiroz by amended complaint in Napa County Superior Court case no. 21CR000171 (hereafter case no. 171) with numerous felonies, including possession of a controlled substance for sale (Health & Saf. Code, § 11351), possession of a controlled substance with a firearm (id., § 11370.1, subd. (a)), unlawful possession of a firearm (Pen. Code, § 29815, subd. (a)2), and resisting and obstructing, delaying a peace officer (§ 148, subd. (a)). The People alleged nearly all the crimes charged were committed for the benefit of, at the direction of, or in association with, a criminal street gang (§ 186.22, subd. (b)(1)(A)). Defendant

1 We resolve this case by a memorandum opinion pursuant to California Standards of Judicial Administration, section 8.1. 2 All undesignated statutory references are to the Penal Code.

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pled no contest to one count of unlawful possession of a firearm (§ 29815, subd. (a); hereafter the “section 29815(a) count”) and admitted the criminal street gang enhancement. He also pled no contest to a misdemeanor section 148, subdivision (a) count, and admitted a probation violation in another case (case no. 19CR001675). Defendant stipulated that the factual basis for the plea was set out in the police report, and he entered a Harvey waiver3 as to the remaining counts and allegations. Contemporaneous with case no. 171, the People charged defendant in Napa County Superior Court case no. 21CR000232 (hereafter case no. 232) with unlawful sexual intercourse with a minor more than three years younger than defendant (§ 261.5, subd. (c)) and personal infliction of great bodily injury (§ 12022.7, subd. (a)). Defendant pled no contest to the charged count, stipulated that the factual basis for the plea was set out in the police report, and entered a Harvey waiver as to the great bodily injury allegation. As part of his plea, he again admitted to a probation violation in case no. 19CR001675. At a March 22, 2022 sentencing hearing, the trial court suspended imposition of a sentence and granted defendant two years of formal probation in case no. 171, and three years of formal probation in case no. 232. In September 2023, the People filed petitions to revoke probation in both case nos. 171 and 232, alleging that defendant violated the terms of his probation by committing domestic violence battery (§ 243, subd. (e)(1)) on September 8, 2023. In November 2023, the People filed a second petition to