People v. Cross CA5

Filed 12/6/13 P. v. Cross CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F066200 Plaintiff and Respondent, (Tulare Super. Ct. No. VCF261501) v.

WILLIAM JOE CROSS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Gary L. Paden. Randy S. Kravis, 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, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION On April 25, 2012, an information was filed alleging that appellant, William Joe Cross, committed four counts of lewd and lascivious acts on a child under the age of 14 years (Pen. Code, § 288 subd. (a), counts 1 through 4),1 had contact with a minor with the intent to commit a sexual offense (§ 288.3, subd. (a), count 5), sent harmful matter with the intent of seducing a minor (§ 288.2, subd. (a), count 6), and committed first degree burglary (§ 459, count 7). Counts 1 through 4 had special allegations that the lewd acts were committed during a burglary (§ 667.61, subds. (a), (b) & (d)). Counts 1, 3 and 4 had special allegations that appellant had substantial sexual conduct with the victim who was under 14 years old (§ 1203.066, subd. (a)(8)). The trial court granted appellant’s motion to dismiss count 7 pursuant to section 995. On August 28, 2012, appellant entered into a plea agreement in which the court gave an indicated lid sentence of 14 years in exchange for appellant’s admission of counts 1 through 6. The parties agreed the preliminary hearing transcript constituted the factual basis for the plea. The court advised appellant of the consequences of his plea and his constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122. Appellant waived his constitutional rights and pled no contest to counts 1 through 6. Appellant also admitted the special allegation that he had substantial sexual contact with a minor as alleged in counts 1, 3 and 4. On November 16, 2012, the court sentenced appellant to prison for six years on count 1, and to consecutive sentences of two years on each of counts 2, 3, and 4. The court sentenced appellant to concurrent sentences on counts 5 and 6. Appellant’s total prison term is 12 years. The court awarded 331 days of custody credits, 58 days of conduct credits, and total custody credits of 389 days. The court also imposed a restitution fine of $5,000, and various other fines and fees. Appellant contends the trial 1 Unless otherwise indicated, all statutory references are to the Penal Code.