People v. Fernandez CA2/7

Filed 1/21/14 P. v. Fernandez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 orde red 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B249915

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA127010) v.

DERICK ESTEVAN FERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Peter P. Espinoza, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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FACTUAL AND PROCEDURAL BACKGROUND

Police arrested Derick Estevan1 Fernandez after a homeowner found him in the garage on April 10, 2012 holding a package of paper towels belonging to the homeowner. On January 28, 2013 Fernandez contacted the mother of his two year-old son in violation of a restraining order and punched her in the head following an argument. Represented by counsel, Fernandez pleaded not guilty to a consolidated information charging him with residential burglary (Pen. Code, § 459),2 inflicting corporal injury on the mother of his child (§ 273.5, subd. (a)), and disobeying a restraining order (§ 166, subd. (a)(4)). The information specially alleged as to the burglary count that Fernandez had suffered a prior serious or violent felony conviction within the meaning of section 667, subdivision (a)(1), and the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12) and had served three separate prison terms for felonies (§ 667.5, subd. (b)). Fernandez subsequently made a motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 asking the court to relieve his appointed counsel, which the trial court denied. In a negotiated agreement, Fernandez pleaded no contest, orally and in writing, to committing residential burglary and inflicting corporal injury on the mother of his son, and admitted the prior conviction allegations, in exchange for an 11-year state prison sentence. Prior to entering his plea, Fernandez was advised of constitutional rights and the consequences of his plea. Fernandez waived his constitutional rights and acknowledged that he understood the consequences of his plea. Counsel for Fernandez stipulated to a factual basis for the plea. The trial court found that Fernandez had knowingly, voluntarily, and intelligently waived his constitutional rights, and entered his no contest plea.