People v. Solomon CA2/5

Filed 12/14/20 P. v. Solomon CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B305971

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. MA003548)

v.

MONETTE SHASHONEE SOLOMON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David Hizami, Judge. Affirmed. Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

Defendant and appellant Monette Shashonee Solomon appeals the trial court’s order denying his petition for a determination of factual innocence and request to seal and destroy arrest records, pursuant Penal Code section 851.8.1 On April 2, 1992, Solomon was charged with offenses allegedly committed in 1991, including: forcible rape of P.A. (§ 261, subd. (a)(2) [count 1]), anal or genital penetration by foreign object of P.A. (§ 289 [count 2]), attempted kidnapping for sexual purposes of R.M. (§§ 208, subd. (d), 664 [count 3]), and assault with intent to commit rape of R.M. (§ 220 [count 4]). The information alleged that Solomon inflicted great bodily injury on the victim in counts 1 and 2 (§ 12022.8), and that he used a deadly weapon in the commission of counts 3 and 4 (§ 12022.3, subd. (a)). The information further alleged that Solomon suffered a prior serious felony conviction within the meaning of section 667, subdivision (a), and served a prior prison term for a felony within the meaning of section 667.5, subdivision (b), as to all four counts. On July 13, 1992, the trial court dismissed the case pursuant to section 1385. On December 26, 2019, Solomon petitioned under section 851.8 for a determination of factual innocence with respect to the alleged offenses set forth in the April 2, 1991 information, and requested that the related arrest records be