People v. Herrera CA5

Filed 12/15/15 P. v. Herrera 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069092 Plaintiff and Respondent, (Super. Ct. No. VCF293175) v.

ARTHUR MORENO HERRERA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Darryl B. Ferguson, Judge. Emry J. Allen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Detjen, J. and Smith, J.

Defendant Arthur Moreno Herrera pled no contest plea to one domestic violence count and two drug counts. On appeal, he contends defense counsel provided ineffective assistance by advising him to plead no contest to the domestic violence charge. We affirm. PROCEDURAL SUMMARY On December 30, 2013, defendant was charged with infliction of corporal injury on a cohabitant (the victim) resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a); count 1), possession of heroin (Health & Saf. Code, § 11350, subd. (a); count 2), and misdemeanor possession of a device for smoking or injecting a controlled substance (Health & Saf. Code, § 11364.1, subd. (a); count 3). The complaint further alleged that defendant had suffered a prior felony conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served a prior prison term (Pen. Code, § 667.5, subd. (b)). Defendant pled not guilty and denied the allegations. On January 10, 2014, defendant pled no contest to all three counts and admitted the prior prison term allegation. The trial court informed defendant that his maximum exposure was four years in prison. The court indicated it would strike the prior felony conviction allegation and grant felony probation. The probation officer’s report—typed on January 31, 2014, and filed on February 5, 2014—noted that on January 31, 2014, the probation department unsuccessfully attempted to contact the victim at her listed phone number. The department also failed to reach a witness at her listed phone number. The department then mailed a letter to the victim, requesting that she contact the probation department to give a statement. The probation officer’s report stated that if the victim contacted probation before the sentencing hearing, the information would be forwarded to the court for its review.