People v. Cross CA4/3

Filed 1/18/24 P. v. Cross CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062184

v. (Super. Ct. No. 06NF4190)

GEORGE EUGENE CROSS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Cheri T. Pham, Judge. Affirmed. Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

George Eugene Cross appeals from the denial of his petition to seal his 1 arrest and related records (Pen. Code, § 851.91). His appointed appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, setting forth the procedural facts of the case and requesting Cross be permitted to file a supplemental brief. Cross filed a supplemental brief in which he raises several issues concerning the judgment in his underlying case, where he was convicted and sentenced to prison for a term of 25 2 years to life. We affirm the postjudgment order.

PROCEDURAL HISTORY In June 2009, the district attorney filed a second amended information, alleging Cross committed a forcible rape in 1997. (§ 261, subd. (a)(2).) The second amended information included two separate allegations under the “One Strike” law that the offense was committed during the commission of a burglary. (§ 667.61, subds. (a), (d)(4) [providing for a sentence of 25 years to life]; § 667.61, subds. (b), (e)(2) [providing for a sentence of 15 years to life].) Following a jury trial, Cross was convicted of the offense and both of the One Strike allegations were found to be true. The court sentenced Cross to prison for a term of 25 years to life based on one of the One Strike findings (§ 667.61, subds. (a), (d)(4)). The court stayed the punishment on the other One Strike finding (§ 667.61, subds. (b), (e)(2)). Cross appealed, and the judgment was affirmed on appeal.