P. v. Goyette CA2/7

Filed 5/29/13 P. v. Goyette CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B243527

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA055342) v.

KEVIN LEE GOYETTE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Kathleen Blanchard, Judge. Affirmed. Suzan E. Hier, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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After Kevin Lee Goyette took merchandise from a department store without paying for it on January 6, 2012, he was charged in a three-count felony complaint with second degree burglary, grand theft and driving on a suspended license (Super. Ct. L.A. case No. MA055342).1 Represented by appointed counsel, Goyette waived his right to a preliminary hearing and agreed to plead no contest to second degree burglary on April 6, 2012. As part of the negotiated agreement the remaining counts were to be dismissed and Goyette placed on three years of formal probation on condition he serve five days in county jail with credit for time served. At the time he entered his plea, Goyette was advised of his constitutional rights and the nature and consequences of his plea. Goyette stated he understood and waived his constitutional rights, acknowledged he understood the consequences of his plea and accepted the terms of the negotiated agreement. The trial court found a factual basis for the plea based upon the police report and expressly found Goyette’s waivers and plea were voluntary, knowing and intelligent. The court ordered Goyette to return to court for sentencing on April 26, 2012. On April 11, 2012 Goyette was arrested after police seized ammunition from his house during a protective sweep. Goyette was charged in a felony complaint in case No. MA055877 with possession of ammunition by a felon with an allegation that, at the time of the offense, Goyette had been released from custody on bail or his own recognizance in case No. MA055342. On April 26, 2012 the trial court granted Goyette’s request to represent himself on both cases (Faretta v. California (1975) 422 U.S. 806 [95 S.Ct. 2525, 45 L.Ed.2d 562]), relieved his appointed counsel and proceeded with the preliminary hearing in case No. MA055877 at Goyette’s request. At the conclusion of the preliminary hearing Goyette was held to answer to the charge of possession of ammunition by a felon. The court set May 10, 2012 for Goyette’s arraignment on the information in case No. MA055877, his sentencing in case No. MA055342 and a hearing on any filed