People v. Gomez CA5

California Court of Appeal Jun 27, 2022 No. F083425Unpublished

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Holding. The court held that the defendant was not entitled to additional presentence custody credits for time spent on electronic monitoring because he failed to demonstrate he met the statutory requirements for home detention under Penal Code section 1203.018. Furthermore, the court held that the defendant's challenge to his concurrent sentences under Penal Code section 654 was barred by his failure to obtain a certificate of probable cause following his negotiated plea agreement.

Issues

Whether the defendant was entitled to additional presentence custody credits for time spent on electronic monitoring under Penal Code section 1203.018.
Whether the defendant's challenge to concurrent sentences under Penal Code section 654 is barred by the absence of a certificate of probable cause.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Electronic monitoring without home detention will, therefore, not automatically result in eligibility for custody credits under section 1203.018.”

“Absent a certificate of probable cause, a defendant may not complain that a sentence lid imposed under a negotiated plea agreement violates the statutory proscription against multiple punishments since that is a challenge to the plea’s validity.”

Filed 6/27/22 P. v. Gomez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F083425 Plaintiff and Respondent, (Super. Ct. No. 21CM-2842A) v.

ROY VALENTINO GOMEZ, OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Kings County. James W. Hollman, Judge. (Retired Judge of the Tulare Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Henry J. Valle, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P. J., Meehan, J. and DeSantos, J.

In October 2021, defendant Roy Valentino Gomez, was sentenced to a total term of three years pursuant to a negotiated plea agreement. As part of that agreement, defendant also waived his right to appeal his conviction. In this appeal, defendant challenges only portions of the sentence imposed. We affirm the judgment. PROCEDURAL AND FACTUAL SUMMARY After a Kings County Sheriff’s Deputy observed defendant repeatedly crossing double yellow lines while driving, he initiated a traffic stop. After learning defendant was on probation, the deputy asked defendant if there was anything illegal in the vehicle. Defendant admitted there was a gun in a compartment in the driver’s door, and a passenger in the car admitted there was a pipe under the passenger seat. Defendant was arrested, and at the jail, it was determined defendant was under the influence of a controlled substance. A strip search revealed defendant had a baggie with some form of contraband in his belly button. In a complaint filed on May 27, 2021, defendant was charged with possessing a firearm while also possessing a controlled substance (Health & Saf. Code, § 11370.1, subd. (a), a felony; count 1), being a felon in possession of a firearm (Pen. Code, 1 § 29800, subd. (a)(1), a felony; count 2), unlawfully possessing ammunition (§ 30305, subd. (a)(1), a felony; count 3), having a concealed firearm in a vehicle (§ 25400, subd. (a)(1), a felony; count 4), being a prohibited person carrying a loaded firearm (§ 25850, subd. (a), a felony; count 5), bringing a controlled substance into a jail (§ 4573, subd. (a), a felony; count 6), being under the influence of a controlled substance with a firearm (Health & Saf. Code, § 11550, subd. (e), a felony; count 7), driving under the influence of a drug (Veh. Code, § 23152, subd. (f), a misdemeanor; count 8), being under

People v. Gomez CA5

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