People v. Joya CA2/8

Filed 7/29/15 P. v. Joya CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B260890

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA410402) v.

JESSE JOYA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Ronald H. Rose, Judge. Affirmed.

Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant.

No response by Plaintiff and Respondent.

_____________________

Defendant Jesse Joya kidnapped his former girlfriend, who had a restraining order against him, and drove her to his trailer, where he raped her. Once he was arrested, the victim obtained a second restraining order. Thereafter, defendant made numerous attempts to contact the victim in order to convince her to recant. He was charged by information with forcible rape (Pen. Code, § 261, subd. (a)(2)); kidnapping for rape (Pen. Code, § 209, subd. (b)(1)); four counts of attempting to dissuade a witness (Pen. Code, § 136.1, subd. (a)(2)); and nine counts of willful disobedience of a court order (Pen. Code, § 166, subd. (a)(4)). The prosecution and defendant agreed to a negotiated plea, whereby the information was modified to allege a count of simple kidnapping (Pen. Code, § 207, subd. (a)), and defendant pleaded no contest to simple kidnapping, four counts of attempting to dissuade a witness, and two counts of willful disobedience of a court order, in exchange for a sentence of 11 years and 8 months. Defendant entered the plea and was convicted and sentenced accordingly. Defendant’s sentence consisted of the upper term of 8 years for the kidnapping, 4 consecutive 8-month (1/3 the middle term) sentences for the attempted dissuasion counts, and 2 consecutive 6-month jail terms for the willful disobedience counts. Defendant filed a notice of appeal. He sought a certificate of probable cause to enable him to challenge his plea, on the grounds he was not properly advised, received ineffective assistance of counsel, a lack of investigation, needed more time, and he was pressured by the court and his family to plead guilty. The certificate of probable cause was denied. On appeal, this court issued an order to show cause why the appeal should not be dismissed as being taken from a non-appealable order. When it appeared that defendant may have been challenging his sentence, the order to show cause was vacated. On April 22, 2015, defendant’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) in which no issues were raised. The brief included a declaration from counsel that he had reviewed the record and had sent defendant a letter advising him of counsel’s intention to file a Wende brief and that defendant could file a supplemental brief if he chose to do so. That same day, this court