People v. Starr CA2/7

Filed 11/24/14 P. v. Starr CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B252644

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA090657) v.

MICHAEL HAYDEN STARR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Arthur Jean, Jr., Judge. Affirmed. Michael Hayden Starr, in pro. per.; Renee Rich, under appointment for the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________

Based on allegations Michael Hayden Starr had sexually assaulted his daughter for approximately seven years beginning when she was six or seven years old, Starr was arrested and charged in a seven-count information with having committed a lewd act upon a child under 14 years of age (Pen. Code, § 288, subd. (a)),1 oral copulation of a child 10 years old or younger by a person 18 years old or older (§ 288.7, subd (b)), sodomy of a child 10 years old or younger by a person 18 years old or older (§ 288.7, subd. (a)), and four counts of aggravated sexual assault upon a child under 14 years of age (§ 269, subd. (a)(1), (a)(4)) through rape (§ 261, subd. (a)(2), three counts) and oral copulation (§ 288a, subds. (c)(2), (c)(3), (d), one count)) by a person seven or more years older. Representing himself, Starr pleaded not guilty to the charges. At a pretrial conference Starr told the trial court he wanted to continue representing himself. He completed and signed the advisement and waiver of-right-to- counsel form, and the court granted his request. Several months later the trial court granted Starr’s request for appointment of counsel and appointed the public defender’s office to represent Starr. On September 12, 2013 Starr, now represented by the alternate public defender’s office, agreed to plead no contest to two amended counts of committing forcible lewd acts on a child under 14 years of age (§ 288, subd. (b)(1)) pursuant to a negotiated agreement. At the time he entered his plea, Starr was advised of his constitutional rights and the nature and consequences of the plea, which he stated he understood. Starr’s counsel joined in the waivers of Starr’s constitutional rights. The trial court expressly found Starr’s waivers and plea were voluntary, knowing and intelligent. The court sentenced Starr in accordance with the plea agreement to an aggregate state prison term of 16 years, consisting of consecutive terms of eight years (the upper term) for forcible lewd acts. The court awarded presentence custody credit of 692 days and ordered him to pay statutory fines, fees and assessments. The remaining counts were dismissed pursuant to the negotiated agreement.