People v. Boyer CA2/8

Filed 11/3/14 P. v. Boyer CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B255335

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA075864) v.

ANDRE PIERRE BOYER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lloyd M. Nash, Judge. Dismissed.

California Appellate Project, Jonathan B. Steiner and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Yun K. Lee and Corey J. Robins, Deputy Attorneys General, for Plaintiff and Respondent.

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In October 2012, Andre Pierre Boyer was convicted of sexual battery, requiring him to register as a sex offender. In this case, he was charged with one count of failing to register (Pen. Code, § 290, subd. (b))1 and one count of disobeying a court order (§ 166, subd. (a)(4)). He pled no contest to the counts and was sentenced to 16 months in state prison. He claims a component of his plea was that the trial court would delay his sentencing long enough for him to accumulate enough presentence credits to avoid actually physically serving any time in state prison. Although the trial court did so, he was sent to a state prison for what appears to be an overnight stay for processing and he has since been released. He argues that was a breach of his plea agreement. Because he has been released and we can grant no effective relief to him, we dismiss the appeal as moot. On November 20, 2013, appellant pled no contest to both counts “open . . . to the court over the People’s objections.” The trial court indicated it planned to sentence him to 16 months in state prison, but because appellant’s primary concern in pleading no contest was to avoid actually serving any time in state prison, the court continued the sentencing to March 17, 2014. On that date, appellant was indeed sentenced to the low term of 16 months on count one, with 442 days of custody and conduct credit (221 days of actual custody and 221 days for good time/work time), and a concurrent term of 180 days in county jail on count two, with the same number of custody and conduct credits. At the conclusion of that hearing, the trial court said, “Okay. They will turn you around. Good luck to you, sir.” According to the court’s sentencing minute order, the court remanded appellant to “state prison” and directed that appellant be transported to the Department of Corrections and Rehabilitation “for a forthwith commitment.”