People v. Flores CA1/4

Filed 11/20/15 P. v. Flores CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A145294 v. HENRY GOMEZ FLORES, (Sonoma County Super. Ct. Nos. SCR-651345, Defendant and Appellant. SCR-653967)

Defendant Henry Gomez Flores appeals a judgment entered upon his plea of no contest to domestic violence, evading a peace officer, and driving under the influence of alcohol. His counsel has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has been apprised of his right to file a supplemental opening brief, but he has not done so. In case number SCR-653967, defendant was charged by information with felony evading a peace officer while driving with disregard for the safety of persons or property (Veh. Code, § 2800.2, subd. (a)); felony unlawfully driving and taking a vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a)); misdemeanor driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)); and misdemeanor driving with a blood alcohol level greater than .08 percent (Veh. Code, § 23152, subd. (b)). The information also alleged defendant had suffered a prior strike conviction of a serious or

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violent felony, criminal threats (Pen. Code,1 §§ 422, 1170.12); that he had suffered prior convictions of driving with a blood alcohol level greater than .08 percent (Veh. Code, § 23152, subd. (b)) and causing bodily injury while driving under the influence of alcohol (Veh. Code, § 23153, subd. (a)); and that he was ineligible for imprisonment in county jail because of a prior conviction for a serious or violent felony (§§ 422, 1192.7, 667.5, subd. (c)). In case number SCR-651345, defendant was charged by information with felony infliction of corporal injury upon cohabitant Jane Doe (§ 273.5, subd. (a)) and felony assault on Doe by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)). In connection with both counts, the information alleged that defendant committed the offense while released from custody on bail or his own recognizance in case number SCR-653967 (§ 12022.1), that he personally inflicted great bodily injury on Doe under circumstances involving domestic violence (§ 12022.7, subd. (e)), and that each count was a serious and violent felony (§§ 1192.7, subd. (c)(8) & 667.5, subd. (c)(8)). The information also alleged defendant had suffered a prior strike conviction for committing criminal threats (§§ 422, 1170.12), a prior prison term for a violent felony (§§ 422, 245, subd. (a)(1), & 667.5, subd. (a)), and a prior serious felony conviction (§§ 422, 667, subd. (a)(1)), and that he was ineligible for imprisonment in county jail (§ 1170, subds. (f) & (h)(3)). Defendant brought a motion for substitute counsel, which the trial court denied. (People v. Marsden (1970) 2 Cal.3d 118.) Defendant reached a plea agreement with the district attorney. In case number SCR-651345, he pled no contest to inflicting corporal injury on a cohabitant, and admitted the allegations that he was out on bail or his own recognizance at the time of the crime, that he personally inflicted great bodily injury under circumstances involving domestic violence, and that he had a prior strike conviction. The assault charge was dismissed with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754), and the