People v. Forte CA1/4

Filed 9/30/21 P. v. Forte CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A160957 v. (Solano County Super. Ct. CALVIN JOSEPH FORTE, No. FCR230618) Defendant and Appellant.

This appeal is from an order denying a petition for discretionary expungement of a criminal conviction. In November 2006, Calvin Joseph Forte pleaded no contest to a charge of inflicting corporeal injury on a minor (Pen. Code, § 273d)1 and was convicted of the charge. The trial court placed Forte on formal probation for three years and ordered him to serve 270 days in county jail. The court imposed various conditions of probation including that he complete a 52-week child abuse counseling program and abstain from illegal drugs. In 2008, Forte was found to have violated his probation twice. As a result, his probation term was extended three years, and he was ordered to serve another 120 days in county jail. Thereafter, Forte met the terms of his probation, and his probation term expired by operation of law in 2011. In

1 All further statutory references are to the Penal Code.

1

February 2020, having suffered no further criminal convictions, Forte filed an expungement petition seeking discretionary dismissal of his 2006 conviction under section 1203.4. The trial court denied relief, and this appeal followed. Seeing no error, we affirm. I. At the time of his offense in 2005, Forte was 25 years old and a father, while the victim, a minor, was a 13-year-old middle school student. Forte punched the young victim in the mouth, allegedly because the minor pushed and disrespected Forte’s stepdaughter at school. As a result of the assault, the minor received stitches and suffered physical pain and emotional trauma. Forte fled the scene, showing no regard for the victim’s well-being. Following his arrest, Forte expressed remorse and admitted he could have approached the situation without resorting to violence. He admitted “that his own behavior was ‘stupid’ since he is fully aware . . . that the victim was only a child, and his behavior in hitting the victim may have ‘traumatized’ [him] and ‘crushed his spirit.’ ” In 2004, Forte had been convicted of misdemeanor battery (§ 242). Indeed, at the time of his assault on the 13-year-old schoolmate of his stepdaughter, Forte was on probation for the 2004 battery. After being placed on probation again in 2006, Forte violated the terms of his probation twice. On April 3, 2008, the probation department filed a report alleging that Forte had violated the conditions of his probation when he missed three sessions of his 52-week “child abusers’ counseling program” and had not been attending for two weeks. The probation department directed Forte to resume attending the classes on March 3, 2008, but Forte did not attend the class. The probation department charged him with a probation violation for his nonattendance.