People v. Gomez CA5

Filed 11/12/15 P. v. Gomez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F069791 Plaintiff and Respondent, (Super. Ct. No. F13907045) v.

RICHARD ROMAN GOMEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Alvin M. Harrell III, Judge. Thomas W. Casa, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Detjen, J. and Peña, J.

Richard Roman Gomez accepted a plea agreement wherein the trial court sentenced him to a suspended eight-year prison term, and then placed him on probation to allow him to complete a one-year inpatient substance abuse program. When Gomez left the program after only six days, a petition was filed alleging he violated his probation. The trial court found the allegations true and imposed the suspended prison sentence. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 stating that after reviewing the record he did not find any arguable issues on appeal. By letter dated October 7, 2014, we invited Gomez to identify any grounds he wished this court to address. Gomez did not respond to our invitation. Our independent review of the record did not discover any arguable issues. Accordingly we affirm the order finding Gomez violated his probation. FACTUAL AND PROCEDURAL BACKGROUND The complaint charged Gomez with possession of a controlled substance in violation of Health and Safety Code section 11377, subdivision (a). The complaint also alleged that Gomez (1) had one prior conviction that constituted a strike within the meaning of Penal Code section 667, subdivisions (b) through (i), and (2) had served seven prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). On March 7, 2014, Gomez pled no contest to count 1 and admitted a prior strike, and seven prison priors pursuant to a plea agreement. Defendant signed a waiver of right form thereby waiving his constitutional rights. At the sentencing hearing, the trial court struck the strike prior, struck two prior prison term enhancements, and sentenced Gomez to the upper term of three years, enhanced by five years for the Penal Code section 667.5, subdivision (b) enhancements for a total prison term of eight years. The trial court then suspended the sentence, and placed Gomez on three years’ probation which required Gomez to enroll in an inpatient alcohol/drug treatment program at the Poverello House Abuse Treatment Program (Poverello House), and spend one year in jail. As part of the plea agreement Gomez waived all his presentence time credits. The trial court also