People v. Gonzalez CA2/3

Filed 11/20/15 P. v. Gonzalez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B265327

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA035222) v.

MANUEL ANTONIO GONZALEZ III,

Defendant and Appellant.

APPEAL from a post-judgment order of the Superior Court of Los Angeles

County, Mark S. Arnold, Judge. Affirmed.

Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

_______________________________________

Defendant Manuel Antonio Gonzalez III appeals from the trial court’s order denying his third petition for writ of error coram nobis. We affirm. PROCEDURAL AND FACTUAL BACKGROUND 1. The 1997 Burglary Conviction By felony complaint filed December 3, 1997, defendant and a co-defendant were 1 accused of first-degree residential burglary (Pen. Code, § 459) and receiving stolen property (§ 496, subd. (a)). On December 17, 1997, defendant entered a negotiated plea of no contest to first-degree burglary. In exchange, the court stayed execution of a four-year prison term and placed defendant on three years of formal probation. The conditions of probation included 365 days in county jail, payment of a $200 restitution fine (§ 1202.4, subd. (b))—the statutory minimum—and payment of victim restitution “in the amount [prescribed by] the probation officer.” (§ 1202.4, subd. (f).) Defendant did not appeal. At some point during defendant’s probation, victim restitution was set at $4,000. There is no evidence before us that he objected to the amount of victim restitution, moved to set aside the plea, appealed, or requested writ relief at that time. Defendant claims to have paid $2,000 of the restitution award. However, his probation was extended for one year because he did not pay the full amount. The record does not indicate whether the court first determined defendant had the ability to pay the full amount. (People v. Cookson (1991) 54 Cal.3d 1091, 1095 [extension permitted if court expressly finds defendant had ability to pay restitution, but willfully refused to do so].) In any event, he did not appeal. 2. The 2002 Attempted-Murder Conviction On June 7, 2001, while still on probation, defendant was charged with attempted murder (§§ 664/187) and assault with a deadly weapon in Los Angeles Superior Court case TA059902. On January 10, 2002, he was sentenced to 23 years in prison, including a five-year serious-felony enhancement (§ 667, subd. (a)(1)) for the 1997 burglary.