People v. Lorenzo CA1/1

Filed 10/21/14 P. v. Lorenzo CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A141520

v. (Alameda County ORLY ABAD LORENZO, Super. Ct. No. CH53029) Defendant and Appellant.

INTRODUCTION Defendant Lorenzo agreed to a negotiated no contest plea obligating him to serve one year in the county jail and 10 years in state prison for sexually molesting three 12- year-old girls. He now claims the trial court committed errors in imposing the sentence. We find his challenge improper for two reasons: First, the challenge was not properly preserved for appeal because the trial court refused to make a finding of probable cause. Second, the sentence defendant received was fully consistent with the plea agreement reflected in the court proceedings below. Therefore, we will affirm this negotiated disposition of the case. STATEMENT OF THE CASE On November 28, 2012, an information was filed in Alameda Superior Court charging defendant with nine counts of lewd and lascivious conduct with a child under the age of 14, in violation of Penal Code1 section 288, subdivision (a). The charges were

1 All references are to the Penal Code unless otherwise stated. 1

based on defendant’s sexual misconduct with three of his daughter’s girlfriends between the period of April 2008 and September 2011. The information also alleged the crimes were (1) serious felonies pursuant to section 1192.7, subdivision (c), (2) involved multiple victims for purposes of section 1203.066, subdivision (a)(7), and (3) required lifetime sex-offender registration under section 290. Defendant entered a negotiated no contest plea to Count One (Jane Doe 1), Count Six (Jane Doe 2), and Count Seven (Jane Doe 3) on November 12, 2013. The crime in Count Six was reduced by the prosecutor to a misdemeanor offense: a violation of section 647.6 (annoying or molesting a child under 18 years of age). The parties agreed the full period of incarceration for defendant would be 11 years of custody. This calculation was based on an eight-year prison term for Count One, a consecutive two-year prison term for Count Seven, and a consecutive one-year county jail sentence for the misdemeanor now alleged in Count Six. The trial court advised defendant he would receive custody credits for time served to satisfy his county jail term, and the remainder of his custody credits would apply to the 10-year prison term. Defendant was also advised he would be obligated to serve 85 percent of his prison term. Importantly, defendant agreed to these terms and also agreed to waive his appellate rights, to pay fines and fees ranging from $200 to $10,000, and pay any victim restitution.2 The parties also stipulated to a factual basis for the pleas as contained in the preliminary hearing transcript. The trial court granted the prosecutor’s motion to dismiss the remaining counts and allegations. The sentencing hearing was held on January 10, 2014. Defendant was sentenced consistent with the plea. He received the upper term of eight years on Count One, a