People v. Rosales CA5

Filed 5/25/23 P. v. Rosales 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085430 Plaintiff and Respondent, (Super. Ct. No. VCF404576A) v.

ERIC MENCHACA ROSALES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Nathan G. Leedy, Judge. Stephanie L. Gunther, 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 Detjen, Acting P. J., Peña, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This is an appeal from a final judgment and sentence following a plea of no contest. (Cal. Rules of Court, rule 8.304(b)(4)(B).) It is authorized by Penal Code section 1237.1 STATEMENT OF THE CASE In a complaint filed on October 29, 2020, the Tulare County District Attorney charged Rosales with robbery of J.S. (§ 211, count 1); attempted robbery of C.T. (§§ 664, 211; count 2); attempted robbery of D.C. (§§ 664, 211; count 3); assault with a semiautomatic firearm as to J.S., C.T. and D.C. (§ 245, subd. (b); counts 4, 5 & 6); and active participation in a street gang (§ 186.22; subd. (a); count 7). It was additionally alleged that Rosales committed the offenses for the benefit of a gang (§ 186.22, subd. (b)(1)(C); counts 1-6); a principal (Rosales) used a firearm (§ 12022.53, subds. (b), (e)(1); counts 1-3); Rosales personally used a firearm (§ 12022.5, subd. (a)(1); counts 1- 6); and Rosales had suffered a prior serious or violent offense (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and a serious prior conviction (§ 667, subd. (a)(1) (counts 1-7). On September 12, 2022, Rosales pleaded no contest to count 1 and admitted the section 186.22, subdivision (b)(1)(C) allegation, an amended section 12022.5, subdivision (a) allegation, and that he had previously been convicted of a serious or violent offense with the meaning of sections 1170.12, subdivision (a) through (d) and 667, subdivisions (b) through (i). He also pleaded no contest to count 3. All of the remaining charges and allegations were dismissed. The plea was based on an indicated sentence of 10 years in prison comprised of the aggravated term for count 1, the section 211 violation, doubled due to Rosales’s prior strike. Counsel stipulated that the preliminary hearing transcript provided a factual basis for the plea.