People v. Marks CA5

Filed 12/21/15 P. v. Marks 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069674 Plaintiff and Respondent, (Super. Ct. Nos. 225976 & 1467562) v.

STEVEN LEE MARKS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Thomas D. Zeff, Judge. Robert L.S. Angres, 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., Kane, J. and Smith, J.

Appellant Steven Lee Marks appeals from the denial of a petition for certificate of rehabilitation and pardon. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Between December 1, 1985 and June 1, 1986, Marks engaged in sexual conduct with two victims (case No. 225976). On August 25, 1987, the district attorney filed an information in case No. 225976 charging Marks with sodomy of a child under the age of 14 (count I/ Pen. Code, § 286, subd. (c)),1 lewd and lascivious conduct with a child under the age of 14 (count III/§ 288, subd. (a)), and three counts of oral copulation with a child under the age of 16 (counts II, IV, and V/§ 288a, subd. (b)(2)). On December 3, 1987, Marks pled no contest in count I to sodomy of a child under the age of 14 and in count IV to the lesser, related misdemeanor charge of lewd and dissolute conduct (§ 647, subd. (a)). On January 29, 1988, Marks was granted probation on condition that he serve 300 days in local custody. Marks was also required to register as a sex offender. On October 2, 1991, the court granted Marks’s motion to set aside his plea (§ 1203.4). On December 13, 1991, the court issued an amended order granting Marks’s motion to set aside his plea. On May 28, 1996, Marks was convicted of petty theft, a misdemeanor, sentenced to five days in local custody, and placed on informal probation for three years. On December 23, 1998, Marks was convicted of assault with a deadly weapon (§ 245, subd. (a)(1)). He was subsequently sentenced to a year in jail and placed on three years’ formal probation. On December 19, 2013, his case was reduced to a misdemeanor pursuant to sections 17, subdivision (b)(3) and 1203.4.