People v. Bautista

63 Cal.App.4th 865 (1998) THE PEOPLE, Plaintiff and Respondent,

v.

ANTONIO BAUTISTA, Defendant and Appellant.

Docket No. F026872. Court of Appeals of California, Fifth District.

May 5, 1998. [866] COUNSEL

Mary Lynn Belsher, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Edgar A. Kerry and Julie Erdmann, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STONE (W.A.), J.

Antonio Bautista was charged with kidnapping with intent to commit rape (Pen. Code,[1] §§ 207, subd. (a), 208, former subd. (d)), and assault with intent to commit rape. Pursuant to a plea agreement, he entered a plea of no contest to a lesser charge of false imprisonment. (§ 236.) As a condition of probation the court ordered Bautista to register as a sex offender. He claims the case must be remanded for resentencing because the [867] court failed to state the reasons for requiring sex offender registration as required by section 290, subdivision (a)(2)(E). We will find the issue is not preserved for appeal and in any event the defect is harmless.

FACTUAL BASIS FOR THE PLEA

On the night of July 18, 1996, Bautista, his brother Sergio and cousin, Javier, forced a 15-year-old alleged transvestite into a laundry room where Javier attempted to convince the boy to have sex. Bautista and Sergio waited outside. Javier told the boy he would not leave the laundry room until they had sex. In an effort to create an opportunity to escape, the boy eventually agreed to have sex with Javier, but suggested they go somewhere other than the laundry room. Bautista assisted Sergio and Javier in pulling the boy to a nearby park bench where they held the boy while Javier tried to remove his pants. When the boy struggled to escape Bautista hit him in the face several times and told him to do what Javier wanted him to do. When the boy said he would tell the police, all three men said they would kill him and his family when they got out of jail. They threatened to beat him "until he was bloody" and unconscious if he did not do as he was told. Sergio and Bautista gave up and left the scene when it became apparent the boy would not comply. Javier continued to try to force the boy to have sex, but ran when a woman approached and asked the boy if he needed help. The incident was reported to the police who subsequently apprehended Bautista and Sergio, but never found Javier.