People v. Salas CA4/1

Filed 9/23/20 P. v. Salas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D076686

Plaintiff and Respondent,

v. (Super. Ct. No. SCD282084)

THOMAS SALAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Yvonne Esperanza Campos, Judge. Appeal dismissed; matter is transferred to the Appellate Division of the Superior Court of the County of San Diego. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Daniel Rogers and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent. On June 10, 2019, the prosecution filed a felony complaint in San Diego Superior Court charging Thomas Salas with attempted kidnapping (Pen.

Code,1 §§ 207,subd. (a), 664), false imprisonment (§ 237, subd. (a)), and misdemeanor annoying a child (§ 647.6, subd. (a)(1)). The prosecution also alleged Salas suffered a prior conviction that qualified as both a prior serious felony (§ 667, subd. (a)) and a strike prior (§ 667, subds. (b)-(i)). A few weeks later, on June 27, 2019, the prosecution filed an amended felony complaint, adding a second count of misdemeanor annoying a child. On the same day, at the preliminary hearing, the court held Salas to answer all charges in the amended felony complaint. No arraignment was held at that time. On July 11, 2019, the prosecution filed an amended misdemeanor complaint wherein the felony charges and recidivist allegations were dropped. Trial proceeded on the two misdemeanor charges only, and a jury convicted Salas as charged. The court placed Salas on probation. Salas filed a misdemeanor notice of appeal, claiming substantial evidence does not support his conviction on one of his counts. The People filed a motion to dismiss, arguing that this court does not have jurisdiction to hear this appeal, and the matter should be transferred to the appellate division of the superior court. We agree and, thus, dismiss this appeal and transfer this matter as the People suggest.