People v. Puga CA5

Filed 8/11/23 P. v. Puga 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085231 Plaintiff and Respondent, (Super. Ct. No. 20CR-01391) v.

JAVIER GUADALUPE PUGA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Steven K. Slocum, Judge. Paul Kleven, 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 Poochigian, Acting P. J., Smith, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is from a final judgment and sentence following a guilty plea and is authorized by California Rules of Court, rule 8.304(b)(4)(B). STATEMENT OF THE CASE On August 16, 2021, the Merced County District Attorney filed an information alleging that appellant Javier Guadalupe Puga had committed a lewd act upon a child (Pen. Code,1 § 288, subd. (a); count 1). The information further alleged enhancements for (1) a strike prior within the meaning of section 667, subdivisions. (b)-(i); (2) a prior conviction of an offense specified in section 667.61, subdivision (c); (3) a prior conviction of a serious felony, section 288, subdivision (a), pursuant to section 667, subdivision (a)(1); and (4) a prior conviction of section 288, subdivision (a) within the meaning of section 1203.066, subdivision (a)(5). On September 20, 2022, Puga entered into a plea agreement pursuant to which he would serve a total of 13 years in state prison, calculated as the aggravated term of eight years for count 1, lewd act upon a child, plus an additional five years for enhancement number 3, a prior conviction of a serious felony, a violation of section 288, subdivision (a), on December 14, 2004. The prior strike and all other enhancements were dismissed. Puga acknowledged that this conviction would count as a separate (second) strike. Time was waived for sentencing, and the court sentenced Puga to the aggravated term of eight years, plus a consecutive term of five years for the enhancement, for a total sentence of 13 years. The court noted an 85 percent credit limitation and put the mater over for a full probation report and custody credit calculation. The court imposed a restitution fine in the amount of $3,900 pursuant to section 1202.4, and imposed but stayed a parole revocation fine in the same amount. The court also imposed a $30 court facilities assessment (Govt. Code, § 70373) and a $40 court operations assessment