People v. Miramontez CA2/6

Filed 2/4/26 P. v. Miramontez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B339100 (Super. Ct. No. 2020006844) Plaintiff and Respondent, (Ventura County)

v.

JAVIER MIRAMONTEZ, JR.,

Defendant and Appellant.

Javier Miramontez, Jr., appeals from the judgment following his guilty plea to three counts of forcible lewd act on a child (Pen. Code,1 § 288, subd. (b)(1)), and his admissions of special allegations for each count of substantial sexual contact with a victim under the age of 14 (§ 1203.066, subd. (a)(8)), that the crimes involved the same victim on separate occasions (§ 667.6, subd. (d)(1)), the victim was particularly vulnerable

1 All statutory references are to the Penal Code.

(Cal. Rules of Court,2 rule 4.421(a)(3)), Miramontez took advantage of a position of trust or confidence to commit the crimes (rule 4.421(a)(11)), and he engaged in violent conduct that indicates a serious danger to society (rule 4.421(b)(1)). The trial court sentenced Miramontez to 24 years in state prison. Miramontez contends the trial court erred by failing to find a factual basis for his guilty plea (§ 1192.5, subd. (c)) and by failing to hold a second competency hearing (§§ 1368, 1369). He also requests this court issue a certificate of probable cause (§ 1237.5). The Attorney General moves to dismiss the appeal. We deny the motion to dismiss and affirm the judgment. FACTUAL AND PROCEDURAL HISTORY An amended information charged Miramontez with four counts of forcible lewd act on a child (§ 288, subd. (b)(1); counts 1, 3, 4, 5), with the special allegations noted above, and one count of sexual penetration of a child age 10 or younger (§ 288.7, subd. (b); count 2). In March 2023, defense counsel declared a doubt regarding Miramontez’s competence to stand trial. (§ 1368, subd. (b).) The court suspended criminal proceedings and appointed Katherine Emerick, Ph.D., to examine Miramontez. (§ 1369, subd. (a)(1).) Dr. Emerick submitted a report that concluded Miramontez was competent. At the prosecutor’s request, the court also appointed John Lewis, Ph.D., who submitted a report of his competency evaluation. Dr. Lewis’s report discussed a report by Kimberly Smith, Psy.D., completed on April 26, 2023, including her diagnosis that Miramontez had Asperger’s disorder/autism spectrum disorder and posttraumatic stress disorder, and her