People v. Garcia CA2/6

Filed 4/5/16 P. v. Garcia CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B263025 (Super. Ct. No. 2014016988) Plaintiff and Respondent, (Ventura County)

v.

ADAN MARCOS GARCIA,

Defendant and Appellant.

Adan Marcos Garcia appeals the trial court’s order imposing monetary sanctions.1 (Code Civ. Proc., § 177.5.)2 He contends that the trial court violated the statutory requirements of notice and a written order. We agree with the latter contention and remand for the trial court to issue a written order. FACTS AND PROCEDURAL HISTORY Garcia was released on his own recognizance. After he twice failed to appear at hearings, the trial court issued a bench warrant and set bail at $20,000. At

1 Garcia’s appeal follows his conviction by guilty plea of petty theft (Pen. Code, § 484, subd. (a)) and his sentence of probation for 36 months with terms and conditions. Garcia does not challenge his conviction or sentence. 2 All further statutory references are to the Code of Civil Procedure unless otherwise stated.

a hearing on Garcia’s request to recall the warrant and release him on his own recognizance, he explained that he missed court because he had to take his girlfriend to the emergency room. The trial court denied his request, stating, “you don’t keep your promises.” Garcia told the trial court, “That’s fucking stupid. For the record, I said that’s fucking stupid.” He continued, “You ruined my family now. I’m supporting my family, and I can’t work no more. I’m going to lose my job because of this shit. Fuck you, man.” The trial court informed Garcia that it would hold contempt proceedings “right now” and asked him if he wanted to say anything. He responded, “Thank you for ruining my life.” The trial court stated that it would not immediately find him in contempt “because I want to make sure that the record is clear that I’m not acting out of anger or frustration against you.” The trial court remanded Garcia but did not process him while it reflected on what to do. As Garcia was being taken away, he asked the trial court, “Can I say something to my girlfriend before I leave?” The trial court told him, “No.” He then said to his girlfriend, “Bean, I love you.” After the recess, the trial court informed Garcia, “Pursuant to Code of Civil Procedure Section 177.5, we are having a hearing right now regarding your conduct. So this is your notice.” The trial court stated, “As you were being taken away, you asked if you could talk to someone in the audience. I instructed you, no, that you could not. You disregarded the Court and spoke to someone in the audience.” The trial court asked Garcia if he “wish[ed] to be heard . . . regarding the conduct.” Garcia apologized for his actions and explained that he “was angry” and “stressed out” because his girlfriend was pregnant and he was taking care of her. From the bench, the trial court orally imposed sanctions of $1,000 pursuant to section 177.5.