P. v. Shier
Filed 4/28/06 P. v. Shier CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. DELBERT ERNEST SHIER, Defendant and Appellant. |
F047913
(Super. Ct. No. 03CM4693)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kings County. Lynn C. Atkinson, Judge.
Patricia A. Scott, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Brian Alvarez and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
An amended information filed March 22, 2004 charged Delbert Ernest Shier in counts 1, 2, and 4 with having had unlawful sexual intercourse with a person under the age of 18 (identified as Jane Doe), and in count 3 with oral copulation of the same person. (Pen. Code, §§ 261.5, subd. (a)) and 288a, subd. (b)(1) respectively.)[1] Shier pleaded not guilty to all charges.
Shier subsequently changed his plea on counts 1 and 2 to guilty, in exchange for the prosecutor's agreement to dismiss the two remaining counts. Shier reserved the right, however, to withdraw his pleas if the trial court, at sentencing, exercised its discretion to require him to register as a sex offender. (§ 290, subd. (a)(2)(E).)
Shortly after his change of plea, but prior to sentencing, Shier wrote a letter to the probation department on the advice of his attorney expressing remorse for â€
