People v. Cervantes CA4/1

Filed 1/11/16 P. v. Cervantes CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068250

Plaintiff and Respondent,

v. (Super. Ct. No. SRD1512)

MANUEL CERVANTES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County,

David M. Gill, Judge. Affirmed.

Law Offices of Robert D. Salisbury and Robert D. Salisbury, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and

Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.

In 1994, Manuel Cervantes entered a negotiated guilty plea to committing a lewd

act on a child under age 14, a felony (Pen. Code,1 § 288, subd. (a)), and annoying or

molesting a child under age 18, a misdemeanor (§ 647.6). The court suspended

imposition of sentence and placed Cervantes on three years' probation on the condition,

inter alia, that he serve 180 days in local custody.

Section 4852.01 et seq. sets forth a "Procedure for Restoration of Rights and