People v. Gonzalez CA2/3

Filed 2/11/21 P. v. Gonzalez CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B306592

Plaintiff and Respondent, Los Angeles County Super. Ct. No. YA035222 v.

MANUEL ANTONIO GONZALEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Edmund Willcox Clarke, Jr., Judge. Affirmed. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant Manuel Antonio Gonzalez appeals from an order denying his request for expungement of a 1997 burglary conviction. Our independent review of the record has revealed no arguable appellate issues and we affirm.

BACKGROUND

Defendant was charged with first-degree residential burglary (Pen. Code,1 § 459) and receiving stolen property (§ 496, subd. (a)). In December 1997, defendant entered a negotiated plea of no contest to first-degree burglary. In exchange, the court stayed execution of a four-year prison term and placed defendant on formal probation. At some point during his probation, the court imposed a $4,000 victim restitution award. (See People v. Gonzalez (Nov. 20, 2015, B265327) [nonpub. opn.] (Gonzalez I).) While still on probation in the burglary case, defendant was charged with attempted murder and assault with a deadly weapon in a different case. He was convicted of both charges and sentenced to 23 years in state prison. Defendant appealed, and in June 2003, this court affirmed. (People v. Gonzalez (June 11, 2003, B157001) [nonpub. opn.].) Between 2003 and 2015, defendant filed numerous state and federal petitions and appeals attacking the validity of the plea and sentence in the 1997 burglary case. None were successful. (See Gonzalez I, supra, at pp. 2–4.) On May 20, 2020, defendant filed a document titled “Request Expungement/Vacate Conviction from Record, Interest