People v. Valdivia CA4/2

Filed 11/4/14 P. v. Valdivia CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E059857

v. (Super.Ct.No. SWF1102589)

CARLOS OCTAVIO VALDIVIA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Michael J. Rushton,

Judge. Affirmed as modified.

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Stacy

Tyler, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Carlos Octavio Valdivia is serving 19 years in state prison for a series

of sex crimes committed against his 13-year-old neighbor. Defendant challenges only the

1

trial court’s order that he participate in sex-crimes counseling in prison. Defendant

argues, the People concede, and we agree, that the order should be stricken as invalid