People v. Mars CA3

Filed 6/19/15 P. v. Mars CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C077203

v. (Super. Ct. No. 07F06352)

WILLIAM MARS,

Defendant and Appellant.

Appointed counsel for defendant William Mars asks this court to review the record and determine whether there are any arguable issues on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). In our review of the record, we discovered two clerical errors in the abstract of judgment. However, we also discovered defendant purports to appeal from a non-appealable order. Consequently, we lack jurisdiction to correct the errors as identified in part II, below. Nonetheless, we note the trial court has the continuing power to correct its own errors. (People v. Mitchell (2001) 26 Cal.4th 181, 185.) We dismiss the appeal and direct the clerk of this court to forward a copy of

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this opinion to the department of the Sacramento County Superior Court in which judgment was pronounced. Summary of Defendant’s First Appeal In case No. 07F06352, defendant entered a plea of no contest to two counts of lewd and lascivious conduct upon a child under the age of 14 years (Pen. Code, § 288, subd. (a))1 and one count of the same conduct by use of force or duress (former § 288, subd. (b)(1))2 in exchange for dismissal of the remaining seven molestation counts involving two more victims and a stipulated state prison sentence of 18 years. Defendant appealed, and in an unpublished opinion, we affirmed his convictions and sentence, but vacated an order requiring that defendant submit to testing for the human immunodeficiency virus (HIV) pursuant to section 1202.1, and remanded the matter for the limited purpose of permitting a further hearing on the issue of HIV testing at the election of the prosecution. (People v. Mars (Sept. 28, 2009, C060077, C060417) [nonpub. opns.].) On December 1, 2009, we issued our remittitur to the trial court, which was filed on December 3, 2009. The prosecutor notified the trial court that based on her review of the facts and case law, there was no evidentiary support for the HIV testing order. On January 21, 2010, the trial court struck the HIV testing order. As modified, the trial court affirmed the judgment and ordered that a certified minute order be “mailed to [the Department of Corrections and Rehabilitation (CDCR)] legal process unit this date.”