People v. Flores CA4/2

California Court of Appeal Apr 12, 2022 No. E077314Unpublished

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Holding. The trial court did not abuse its discretion in denying a continuance to await a mental health report under Penal Code section 288.1, as that report is only required for probation and the court had already determined that probation was not appropriate.

Issues

Did the trial court abuse its discretion by denying a request for a continuance to obtain a mental health report under Penal Code section 288.1?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Section 288.1 requires a court to obtain a report from a reputable psychiatrist or psychologist as to the defendant’s mental condition before it can suspend their sentence and place them on probation.”

“Given the court’s decision to deny probation and sentence Flores to prison, a section 288.1 report was not necessary. Therefore, the lack of a section 288.1 report was not good cause for a continuance.”

Filed 4/12/22 P. v. Flores CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E077314

v. (Super.Ct.No. SWF1900340)

JOAQUIN JOSEPH FLORES, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Stephen J. Gallon, Judge.

Affirmed.

Law Office of Nicolai Cocis and Nicolai Cocis, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Kristin A. Ramirez and Steven T.

Oetting, Deputy Attorneys General, for Plaintiff and Respondent.

In 2019, the Riverside County District Attorney charged Joaquin Joseph Flores

with 10 counts of lewd and lascivious acts on a minor under the age of 14. (Pen. Code,

§ 288, subd. (a), unlabeled statutory citations refer to this code.) The charges alleged that

from 2009 to 2017 Flores molested the same individual multiple times. Flores proceeded

to trial, where a jury convicted him on all 10 counts.

People v. Flores CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

JOAQUIN JOSEPH FLORES, OPINION

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

FIELDS J.

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