P. v. Romero CA5

Filed 5/17/13 P. v. Romero 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F065224 Plaintiff and Respondent, (Super. Ct. No. F11904707) v.

RICARDO LUCERO ROMERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. James R. Oppliger and D. Tyler Tharpe, Judges.†

Gregory M. Chappel, 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 Wiseman, Acting P.J., Levy, J., and Gomes, J. † Judge Oppliger presided over appellant’s change of plea hearing. Judge Tharpe sentenced appellant.

FACTS AND PROCEEDINGS Appellant, Ricardo Lucero Romero, was charged in an information filed on April 2, 2012, with assault with intent to commit rape (Pen. Code, § 220, count 1),1 forcible oral copulation (§ 288a, subd. (c)(2)(A), count 2), and two counts of sexual penetration of a minor 14 years of age or older (§ 289, subd. (a)(1)(C), counts 3 & 4). The information further alleged that appellant had two prior prison term enhancements (§ 667.5, subd. (b)). On May 17, 2012, appellant entered into a plea agreement in which he would admit counts 3 and 4, as well as the two prior prison term enhancements, in exchange for the dismissal of counts 1 and 2. Appellant would be subject to a maximum prison sentence of 22 years. Appellant executed and initialed a felony advisement, waiver of rights, and plea form indicating he would admit counts 3 and 4, as well as the two enhancements. Appellant acknowledged and waived his constitutional rights pursuant to Boykin/Tahl,2 stated he understood the consequences of his plea, and agreed the police reports constituted a factual basis for his plea. Appellant also initialed a box stating: “I have had enough time to discuss my case and all possible defenses with my attorney.” Appellant’s trial counsel signed the form under the heading “ATTORNEY’S STATEMENT,” acknowledging that counsel reviewed the plea form with his client, explained his constitutional rights to appellant, answered all of appellant’s questions concerning the plea, discussed the facts of the case with appellant and the consequences of the plea, and reviewed the elements of the offenses and potential defenses.