People v. Moreno CA6

Filed 6/28/21 P. v. Moreno CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H048083 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. C1895489, C1922590, C1923209) v.

RUDY ALBERT MORENO,

Defendant and Appellant.

After entering into a comprehensive plea agreement, defendant Rudy Albert Moreno pleaded no contest to several misdemeanors alleged in separately filed complaints involving domestic violence, vandalism, violation of a domestic violence protective order, and possession of methamphetamine and admitted violating his probation. He was placed on three years’ formal probation with a nine-month county jail sentence deemed served. I. FACTUAL AND PROCEDURAL BACKGROUND1 A. Case No. C1895489 On July 16, 2018, Moreno was charged by complaint in Santa Clara County case No. C1895489 (C1895489) with one felony count of inflicting corporal injury on C.S., a person with whom he had a dating relationship (Pen. Code, § 273.5, subd. (a)).2

1 Because no preliminary hearings were held and no probation reports were prepared, we derive the limited facts and procedural history from the documents in the clerk’s transcript and the reporter’s transcripts from Moreno’s sentencing and change of plea hearings. 2 Unspecified statutory references are to the Penal Code.

On July 30, 2018, pursuant to a negotiated disposition, the offense was reduced to a misdemeanor and Moreno pleaded nolo contendere. The trial court placed Moreno on probation for three years and ordered him to serve 90 days in county jail, with total credit of 37 days (19 days of custody credit plus 18 days of conduct credit pursuant to section 4019). Moreno was also ordered to perform 20 hours of community service and pay the following fines, fees, and assessments: (1) a restitution fund fine of $165 (§ 1202.4); (2) a probation revocation restitution fine of $150 (suspended) (§ 1202.44); (3) a court security fee of $40 (§ 1465.8, subd. (a)); (4) a criminal conviction assessment of $30 (Gov. Code, § 70373); (4) a domestic violence shelter fee of $50 (§ 1203.097, subd. (a)(11)(A)); (5) a domestic violence fee of $50 (§ 1463.27); (6) a criminal justice administration fee of $129.75 payable to the City of San Jose (Gov. Code, §§ 29550, 29550.1, 29550.2); and (7) a probation supervision fee of $20 per month (§ 1203.1b). The trial court issued a domestic violence protective order prohibiting any contact with C.S. for 10 years. B. Case Nos. C1922590 and C1923209 On December 3, 2019, Moreno was charged by complaint in Santa Clara County Superior Court case No. C1922590 (C1922590) with one count of misdemeanor battery on C.S. (§ 243, subd. (e)(1)) and one misdemeanor count violating a protective order (§ 166, subd. (c)(1)). On December 13, 2019, in Santa Clara County case No. C1923209 (C1923209), Moreno was charged with felony inflicting corporal injury on a person (C.S.) with whom he had a dating relationship (§ 273.5, subd. (a); count 1), misdemeanor vandalism (§ 594, subd. (b)(2)(A); count 2), misdemeanor violation of a protective order (§ 166, subd. (c)(1); count 3), and misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)).