People v. Ysaguirre CA2/3

Filed 7/17/14 P. v. Ysaguirre CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B254419

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA131973) v.

EUSEBIO YSAGUIRRE, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Peter Paul Espinoza, Judge. Affirmed.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant, Eusebio Ysaguirre, Jr., appeals from the judgment entered following his plea of no contest to making criminal threats (Pen. Code, § 422, subd. (a))1 and his admission he previously had suffered a conviction for the serious felony of robbery (§ 211) within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and section 667, subdivision (a). The trial court sentenced Ysaguirre to seven years eight months in state prison. We affirm. BACKGROUND At proceedings held on November 4, 2013, the prosecutor addressed Ysaguirre and informed him he had been charged in count 2 of a felony complaint filed September 24, 2013 with the crime of “criminal threats, in violation of . . . section 422[,] sub[division] (a), a felony.”2 The prosecutor continued: “There is also a strike alleged. Plus there is a five-year prior alleged, making the total on what you’re admitting and pleading to a maximum of 11 years in state prison.” The prosecutor then indicated Ysaguirre’s counsel had informed her Ysaguirre wished to “plead guilty for the low term doubled, because of the strike, for 32 months, plus five years for the five-year prior, making [Ysaguirre’s] term seven years, eight months in . . . state prison.” Ysaguirre personally indicated that was his understanding of the agreement. After indicating he understood his constitutional rights and the consequences of his plea, Ysaguirre indicated he was freely waiving his rights and taking responsibility for the consequences, then pled “[n]o contest” to count 2, making criminal threats in violation of section 422, subdivision (a), a felony. Ysaguirre then admitted, for purposes of the Three Strikes law and the “five-year prior” alleged pursuant to section 667, subdivision (a)(1), he had been convicted of robbery in violation of section 211 on February 24, 2004.