People v. Hardney CA5

Filed 10/13/22 P. v. Hardney 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084149 Plaintiff and Respondent, (Super. Ct. No. DF015935A) v.

JOHN HARDNEY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David E. Wolf, Judge. Gillian Black, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Smith, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This is an appeal following a plea of no contest within the meaning of California Rules of Court, rule 8.304. It is authorized by Penal Code section 1237.1 STATEMENT OF THE CASE On March 18, 2021, a complaint was filed in the Kern County Superior Court, charging Hardney with felony indecent exposure (§ 314.1; count 1), elevated to a felony based on a prior misdemeanor conviction for indecent exposure (§ 314.1) in Amador County Superior Court case number 14CR22899. The complaint further alleged that Hardney had suffered four prior convictions for serious or violent felonies pursuant to sections 1170.12, subdivisions (a)-(e) and 667, subdivisions (c)-(j), and one prior serious felony conviction pursuant to section 667, subdivision (a). On February 17, 2022, the complaint was amended to add a charge of misdemeanor disorderly conduct (§ 647, subd. (a)) as count 2. In accordance with a plea agreement, Hardney entered a no contest plea to count 2 and the district attorney dismissed count 1 in the interest of justice. There was a stipulated factual basis for the plea. Hardney was granted credit for time served of one day. Fines and fees were imposed. Hardney filed a handwritten, pro. per. notice of appeal on March 29, 2022. The notice of appeal does not contain a certificate or probable cause. STATEMENT OF FACTS Upon stipulation of counsel, the trial court found a factual basis for the plea “based on the probable cause statement and the reports in discovery.” Section 647, subdivision (a), provides that “[a]n individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the