People v. Smith CA1/1

Filed 7/21/14 P. v. Smith CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A139512 v. JONATHAN WAYNE SMITH, (Sonoma County Super. Ct. Nos. SCR630783, Defendant and Appellant. SCR633352, SCR633357)

STATEMENT OF THE CASE On February 28, 2013, the Sonoma County District Attorney filed a felony complaint against defendant alleging violations of Penal Code sections 288, subdivision (c)(1) [lewd conduct upon Jane Doe, a person 15 years of age, in Count One]; 288.3, subdivision (a) [contacting a minor with the intent to commit lewd acts in Count Two]; 664 and 288a, subdivision (b)(2) [attempted oral copulation with a person under the age of 16 by a person over the age of 21 in Count Three]; 288.4, subdivision (a)(1)[arranging a meeting with a minor for the purpose of engaging in lewd acts in Count Four]; and 148, subdivision (a)(1) [unlawful obstruction of an officer in the performance of his duties in Count Five]. The complaint had a designation of case no. SCR-630783. On April 23, 2013, a one-count felony complaint was filed against defendant charging a violation of Penal Code section 422 [criminal threats]. The complaint also alleged defendant was on bail in SCR-630783, within the meaning of Penal Code section

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12022.1, when he committed the new offense. The new complaint had a designation of SCR-633352. On April 25, 2013, a two-count felony complaint was filed charging defendant with violations of Penal Code sections 69 [threats against an executive officer to prevent the performance of the officer’s duties in Count One]; and 243, subdivision (c)(1) [battery on a custodial officer in the performance of his duties in Count Two], a misdemeanor. The complaint also alleged defendant was on bail pursuant to Penal Code section 12022.1 at the time of the new offenses. The third complaint was designated SCR-633357. All three complaints were consolidated for plea negotiation purposes and sentencing. A negotiated disposition was reached in the cases. In SCR-630783, defendant pled to Count One (Pen. Code, § 288, subd. (c)(1)) for a two-year sentence and a concurrent sentence of six months on Count Five. The remaining charges were dismissed. In SCR-633352, defendant pled to Count One (Pen. Code, § 422) for a consecutive eight-month term to the sentences imposed in SCR-630783. He also admitted the 12022.1 enhancement for a two-year consecutive sentence to SCR-630783. In SCR-633357, defendant pled to Count One (Pen. Code, § 69) for a two-year sentence concurrent with the other cases; the remaining charge was dismissed. The total sentence defendant received on all the complaints was therefore an aggregate term of four years, eight months in state prison. STATEMENT OF FACTS The parties stipulated the police reports in these cases satisfy the factual basis for the individual pleas. They were summarized in the probation report. This recitation is derived from that report. 1. SCR-630783 On February 26, 2013, a Rohnert Park police officer on patrol observed two people in the backseat of a car, defendant and Jane Doe. Defendant admitted he was 2