P. v. Ochoa CA5

Filed 5/24/13 P. v. Ochoa 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F063973

v. (Super. Ct. Nos. VCF80477, VCF96909)

JOSE ROLANDO OCHOA, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Joseph Kalashian, Judge. Robert L.S. Angres, 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., Cornell, J., and Gomes, J.

On January 28, 2002, in case No. VCF80477, appellant, Jose Rolando Ochoa, pled no contest to unlawful sexual intercourse with a person under the age of 18 (count 1/Pen. Code, § 261.5),1 sexual penetration of a person under the age of 18 (count 3/§ 289, subd. (h)), and furnishing a controlled substance to a minor (count 5/Health & Saf. Code, § 11380, subd. (a)). On February 25, 2002, in case No. VCF80477, the court sentenced Ochoa to a six-year term consisting of the middle term of six years on count 5 and concurrent 2-year terms on counts 1 and 3. The court then suspended execution of sentence and placed Ochoa on probation for three years on condition that he serve a year local time. On September 25, 2002, in case No. VCF96909, Ochoa pled no contest to possession of a concealed firearm in a vehicle (§ 12025, subd. (a)(3)) and admitted an allegation that he had a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)) in exchange for the dismissal of another count and a lid of 16 months (one-third the midterm of two years doubled). In case No. VCF96947, Ochoa pled no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted an allegation that he had a prior conviction within the meaning of the three strikes law in exchange for a lid of 16 months (one-third the midterm of two years doubled). Ochoa also admitted violating his probation in case No. VCF80477 by being in possession of a loaded firearm. On October 30, 2002, in case No. VCF80477, the court terminated Ochoa’s probation and lifted the stay on the previously imposed sentence of six years. The court also imposed a consecutive 16-month term in a case No. VCF96909 and a concurrent 16-month term in case No. VCF96947.