P. v. Francis

Filed 5/24/06 P. v. Francis CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from a judgment of the Superior Court of Los Angeles County. Sam Mayerson, Judge. (Retired Judge of the L.A. Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Joshua C. Needle, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Margaret E. Maxwell, Supervising Deputy Attorney General, and Marc A. Kohm, Deputy Attorney General, for Plaintiff and Respondent.

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INTRODUCTION

Appellant Keith Fitzgerald Francis seeks modification of the disposition he received for his 1990 plea to a charge of assault with intent to commit rape. He contends the trial court or this court should exercise its equitable powers to modify the length of the jail term he served as a condition of probation in order to eliminate his conviction as a ground for deportation. We conclude appellant is not entitled to equitable relief.

BACKGROUND AND PROCEDURAL HISTORY

In 1989, appellant was charged with forcible rape, and it was alleged he used a knife in the commission of the crime. At the preliminary hearing, appellant's sixteen-year-old stepdaughter testified he held a knife to her throat and raped her.

In 1990, appellant accepted a plea offer and pled nolo contendere to a newly added charge of assault with intent to commit rape. Among the terms of the plea agreement was service of â€