People v. Alexander

Filed 12/13/16 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B270019

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA066694) v.

SIMEON ALEXANDER, ORDER DISMISSING APPEAL

Defendant and Appellant.

Simeon Alexander pled no contest on September 1, 2015, to forcible rape (count 1; Penal Code1 § 261, subd. (a)(2)), kidnapping (count 3; § 207, subd. (a)), injuring a spouse, cohabitant, partner, or parent of child (count 4; § 273.5, subd. (a)), and attempted murder (count 6; § 664/187(a)). Pursuant to the plea agreement, additional charges for assault with intent to commit a felony (count 2; § 207) and criminal threats (count 5; § 422, subd. (a)) were dismissed along with sentencing enhancement allegations under section 667.61, subdivisions (b) and (e).

1 All further section references are to the Penal Code unless otherwise specified.

Alexander stipulated there was a factual basis for his plea pursuant to People v. West (1970) 3 Cal.3d 595. He waived his rights under People v. Arbuckle (1978) 22 Cal.3d 749 and People v. Harvey (1979) 25 Cal.3d 754. He also waived all county jail custody credits. The trial court accepted his plea, finding Alexander expressly and intelligently waived his rights and his plea was freely and voluntarily made with an understanding of the nature and consequences of it. At the January 7, 2016 sentencing hearing, Alexander moved to withdraw his plea on the ground his medication rendered him incapable of understanding the consequences of his plea. The trial court denied the request to withdraw the plea, finding no good cause to do so. It then denied probation pursuant to the agreed-upon disposition and sentenced him to the high term of nine years in state prison for attempted murder plus consecutive terms of one-third the midterm for the remaining counts2 for a total sentence of 13 years and eight months. The trial court also ordered the imposition of a $6,000 victim restitution fine to be paid to the state fund, a $6,000 parole revocation fine to be imposed and suspended, a $40 court security fee per count for a total of $160, and a $30 mandated facility assessment fee per count for a total of $120. Alexander filed a notice of appeal on February 3, 2016.