People v. O'Connor CA4/1

Filed 10/14/15 P. v. O’Connor CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D066736

Plaintiff and Respondent,

v. (Super. Ct. No. SCN330257)

JOSEPH PATRICK O'CONNOR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Carlos O.

Armour, Judge. Affirmed as modified and remanded with directions.

Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for

Defendant and Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,

Eric A. Swenson, Lynne G. McGinnis and Joy Utomi, Deputy Attorneys General, for

Plaintiff and Respondent.

Appellant Joseph Patrick O'Connor pleaded guilty to one count of committing a

lewd act upon a child, his stepdaughter. (Pen. Code1 § 288.5, subd. (a).) In exchange,

the parties stipulated O'Connor would serve a six-year prison term and the People would

dismiss pending charges of lewd act upon the same victim (§ 288, subd. (a)) and one

count of violation of protective order (§ 166, subd. (c)(1)). The parties stipulated the