People v. Stewart CA6

Filed 10/24/14 P. v. Stewart CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039490 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1085574)

v.

DAVID GREGORY STEWART,

Defendant and Appellant.

Defendant David Gregory Stewart appeals from a judgment of conviction entered after he pleaded no contest to one count of violating Penal Code section 290.013, subdivision (a).1 He also admitted that he had suffered three prior serious felony convictions (§§ 667, subds. (b)-(i), 1170.12) and had served two prior prison terms (§ 667.5, subd. (b)). We affirm the judgment.

I. Statement of Facts On July 12, 2010, defendant’s registered address was checked for compliance with section 290 requirements. According to a witness, defendant moved in February 2010 and did not leave a forwarding address. Defendant failed to register within five working days after changing his address.

1 All further statutory references are to the Penal Code unless otherwise noted. 1

Defendant was required to register as a sex offender based on January 30, 1986 convictions for two counts of rape by force and one count of oral copulation by force.

II. Statement of the Case In June 2011, defendant was charged by information with one count of failing to register a change of address (§ 290.013, subd. (a)) on or about July 12, 2010. It was also alleged that defendant had suffered three prior serious felony convictions (§§ 667, subd. (b)-(i), 1170.12), all arising from the same incident: two convictions for rape by force (§ 261, subd. (a)(2)) and one conviction for oral copulation by force (§ 288a, subd. (c)). In addition, it was alleged that defendant had served two prior prison terms (§ 667.5, subd. (b)): rape by force and failure to register pursuant to section 290. On July 18, 2011, defendant requested a Marsden2 hearing. Following a hearing, the motion was denied. Two days later, defendant filed a Faretta3 motion, which was granted. Shortly thereafter, an investigator was appointed to assist defendant. In September 2011, the trial court ordered that a copy of the public defender’s file be turned over to defendant. In November 2011, defendant filed a discovery motion. The motion was granted. On December 12, 2011, defendant was not present in court because he refused to vacate his cell. On December 21, 2011, the trial court revoked defendant’s pro per status and appointed the public defender to represent him. On February 29, 2012, defendant requested a Marsden hearing. Following a hearing, the trial court denied the motion. On March 5, 2012, defense counsel brought a motion for a psychiatric evaluation of defendant pursuant to section 1368. The trial court granted the motion and suspended