People v. Welch CA2/7

Filed 1/19/16 P. v. Welch CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B263828

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA107235) v.

RANDY CLYDE WELCH,

Defendant and Appellant.

APPEAL from a judgment and order of the Superior Court of Los Angeles County, Tia Fisher, Judge. Affirmed. Tyrone A. Sandoval, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Randy Clyde Welch was charged in a felony complaint with felony counts of forgery, burglary, credit card theft and possession for sale of methamphetamine and a misdemeanor count of identity theft. After waiving his rights to a preliminary hearing and jury trial on January 13, 2015, Welch pleaded guilty orally and in writing to forgery (Pen. Code, § 484f, subd. (a))1 and identity theft (§ 530.5, subd. (c)(1)). The same day, pursuant to a negotiated agreement, the trial court imposed a split sentence for forgery of two years in county jail and one year of mandatory supervision on condition that Welch comply with a protective order pursuant to section 136.2.2 In accordance with the agreement, the remaining felony counts were dismissed. The court awarded Welch 64 days of presentence custody credit and imposed mandatory fines, fees and assessments. During the plea hearing, the court confirmed with Welch and his counsel that his felony conviction for forgery did not qualify under Proposition 47 for reduction to a misdemeanor. Welch replied that he understood. Following sentencing, Welch, still represented by counsel, filed several motions on his own, which the court considered over the course of several hearings. The court denied Welch’s motions to replace his appointed counsel (People v Marsden (1970) 2 Cal.3d 118) and to modify his sentence by striking the one-year of mandatory supervision. The court granted Welch’s motion to represent himself (Faretta v. California (1975) 422 U.S. 806, 835-836 [45 L.Ed.2d 562, 95 S.Ct. 2525]) and relieved the public defender as counsel of record. The court also denied Welch’s motion to reduce his felony conviction to a misdemeanor under Proposition 47. Welch asked the court not to rule on his motion to withdraw his plea. During the final hearing on April 24, 2015, the trial court realized that it had not imposed a sentence for identity theft and that the pertinent minute order and abstract of judgment erroneously reflected a sentence of three years for that misdemeanor count.