People v. Sanchez CA4/3

Filed 6/26/14 P. v. Sanchez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048631

v. (Super. Ct. No. 06SF0017)

JUAN JAIME SANCHEZ, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Michael B. McPartland, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, William M. Wood and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Juan Jaime Sanchez appeals from an order denying his motion to recall his sentence under the Three Strikes Reform Act of 2012 (the Act), which added Penal Code1 section 1170.126 and amended sections 667 and 1170.12. The trial court apparently denied the motion because defendant had a prior conviction for a sexually violent offense, specifically, assault with intent to commit sodomy. Defendant appeals, arguing there was insufficient evidence his prior crime was committed by force, violence, duress, menace, or fear of immediate and unlawful bodily injury. We disagree with defendant and therefore affirm the order. I FACTS In 2001, defendant pleaded guilty to one count of first degree burglary (§§ 459, 460, subd. (a)), one count of assault with intent to commit sodomy (§ 220) and one count of attempted rape (§§ 664, 261, subd. (a)(2)). In his written statement, defendant offered the following facts as the basis for his plea: “On October 5, 2000, in Orange County, I entered the residence of [the victim] w/the intent to commit larceny and a sexual assault. I also assaulted [the victim] with the intent to forcibly penetrate her anus and I attempted to forcibly penetrate her vagina.” He was sentenced to four years in prison. In 2005, defendant entered the apartment of his children’s mother in the early morning hours. He got on top of the victim, hit her and pulled her hair, causing injury. A neighbor entered the apartment and pulled defendant off the victim. Defendant assaulted the neighbor with a beer bottle. Defendant was ultimately convicted of one count of misdemeanor assault (§ 240) and one count of domestic battery with corporal injury (§ 273.5, subd. (a)). The information in that case alleged three strike priors, all arising out of the 2000 case. Defendant waived his right to a jury trial and admitted the