The People v. Williamson CA5

Filed 10/3/13 P. v. Williamson CA5

IN THE 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL OF THE STATE OF CALIFORNIA IN AND FOR THE FIFTH APPELLATE DISTRICT

THE PEOPLE, F064010 Plaintiff and Respondent, (Super. Ct. No. 08CM1499) v.

ANGELITO GARIN WILLIAMSON, MODIFICATION OF OPINION [No Change in Judgment] Defendant and Appellant.

BY THE COURT: It is ordered that the nonpublished opinion filed in the instant case on September 23, 2013, be modified as follows: “People v. Fuquay (2013) 215 Cal.App.4th 883, 912;” is deleted from the last paragraph on page 5. This modification does not change the judgment.

_________________________ Franson, J. WE CONCUR:

_____________________ Kane, Acting P.J.

_____________________ Detjen, J.

Filed 9/23/13 (unmodified version)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F064010 Plaintiff and Respondent, (Super. Ct. No. 08CM1499) v.

ANGELITO GARIN WILLIAMSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. Hayes H. Gable, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Eric L. Christoffersen, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Detjen, J. and Franson, J.

Following a bench trial, the court convicted appellant, Angelito Garin Williamson, of oral copulation or sexual penetration of a child under the age of 10 (count 1/Pen. Code, § 288.7, subd. (b))1; oral copulation with a child under the age of 14 and more than 10 years younger than the defendant (count 3/§ 288a, subd. (c)(1)); forcible oral copulation (count 4/§ 288(a), subd. (c)(2)); and lewd and lascivious conduct by force with a child under the age of 14 (count 5/§ 288, subd. (b)(1)). On appeal, Williamson contends the court violated his federal right to due process by its failure to question him regarding his rejection of a plea offer. We affirm. FACTS On May 17, 2008, Williamson was arrested after his girlfriend’s daughter reported that Williamson had been molesting her on an ongoing basis. On February 10, 2009, the district attorney filed an amended information charging Williamson with the counts he was convicted of and one count of continuous sexual abuse of a child (count 2/§ 288.5). On October 29, 2009, the court suspended criminal proceedings and committed Williamson to Atascadero State Hospital for treatment after finding Williamson incompetent to stand trial. On December 14, 2009, the court found Williamson had regained his competency and reinstated criminal proceedings. At a hearing on November 10, 2010, the prosecutor offered a stipulated, determinate sentence of 12 years for appellant’s plea to one count. Defense counsel asked the court for a few minutes so Williamson could consider the offer and the court eventually continued the matter two days.