People v. Allen CA6

Filed 2/26/14 P. v. Allen CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039525 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. C1084794 and CC944574) v.

CHRISTOPHER PAUL ALLEN,

Defendant and Appellant.

In consolidated cases, defendant Christopher Paul Allen pleaded no contest to three felonies and a misdemeanor, and he admitted prior strike allegations. In exchange, the prosecution agreed to a specified prison term and dismissal of the remaining charges. On appeal, defendant challenges the trial court’s consolidation order. He also challenges venue in Santa Clara County for an offense that occurred in San Francisco. As we explain, these issues are not cognizable on appeal from defendant’s no contest plea because they do not concern the jurisdiction or the legality of the proceedings resulting in the plea. (Pen. Code, § 1237.51; People v. Kaanehe (1977) 19 Cal.3d 1, 9 (Kaanehe).) Because the issues are barred by defendant’s plea, we will dismiss the appeal. I. TRIAL COURT PROCEEDINGS In case No. CC944574, defendant was charged by information with two counts of forcible rape (§ 261, subd. (a)(2); counts one and three), forcible oral copulation (§ 288a,

1 Further statutory references are to the Penal Code.

subd. (c)(2); count two), and making criminal threats (§ 422; count four). The information alleged a prior strike conviction (§ 1170.12) and a prior serious felony conviction (§ 677, subd. (a)). The offenses involved defendant’s former girlfriend. Counts one and two occurred in August 2008 in San Jose, count four occurred between May and September 2008 in San Jose, and count three occurred in May 2008 in San Francisco. At the preliminary hearing, the trial court admitted into evidence a letter from a San Francisco County assistant district attorney authorizing prosecution of the San Francisco offense in Santa Clara County. In case No. C1084794, defendant was charged with assault with a deadly weapon or with force likely to cause great bodily harm. (§ 245, subd. (a)(1).) That offense, involving a different girlfriend, occurred in August 2010. The information in case No. CC944574 was filed in January 2010, and the information in case No. C1084794 was filed a year later, in January 2011. In September 2011, the court granted the prosecution’s motion to consolidate the two cases, with the earlier case designated as the main case and the assault count renumbered as count five. Nearly a year after consolidation, the parties entered into a plea agreement. In August 2012, in exchange for a stipulated prison sentence of 19 years 8 months, defendant pleaded no contest to counts one, three, and four, and admitted the prior convictions alleged. The prosecution amended the information to add misdemeanor battery (§ 243, subd. (a); count six), to which defendant also pleaded no contest, and it dismissed counts two and five. In February 2013, the court sentenced defendant consistent with the terms of the plea agreement. The court issued a certificate of probable cause in February 2013 in case No. C1084794, and an amended certificate of probable cause on March 15, 2013, encompassing both cases. Defendant filed a timely notice of appeal.