Filed 5/24/13 P. v. Ochoa CA5
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
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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opinion has not been certified for publication or ordered published for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,
Plaintiff and
Respondent,
v.
JOSE ROLANDO OCHOA,
Defendant and
Appellant.
F063973
(Super.
Ct. Nos. VCF80477, VCF96909)
APPEAL
from a judgment of the Superior Court of
County. Joseph Kalashian, Judge.
Robert
L.S. Angres, under appointment by the Court of Appeal, for Defendant and
Appellant.
Office
of the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
On January
28, 2002, in case No. VCF80477, appellant, Jose Rolando Ochoa, pled no contest
to unlawful sexual intercourse with a person under the age of 18 (count 1/Pen.
Code, § 261.5),
title="">[1] sexual penetration of a person under the age
of 18 (count 3/§ 289, subd. (h)), and furnishing
a controlled substance to a minor (count 5/Health & Saf. Code,
§ 11380, subd. (a)).
On February
25, 2002, in case No. VCF80477, the court sentenced Ochoa to a six‑year
term consisting of the middle term of six years on count 5 and concurrent
2-year terms on counts 1 and 3. The
court then suspended execution of sentence and placed Ochoa on probation for
three years on condition that he serve a year local time.
On
September 25, 2002, in case No. VCF96909, Ochoa pled no contest to possession
of a concealed firearm in a vehicle (§ 12025, subd. (a)(3)) and admitted an
allegation that he had a prior conviction within the meaning of the three
strikes law (§ 667, subds. (b)-(i)) in exchange for the dismissal of
another count and a lid of 16 months (one-third the midterm of two years
doubled). In case No. VCF96947, Ochoa
pled no contest to possession of methamphetamine (Health & Saf. Code, §
11377, subd. (a)) and admitted an allegation that he had a prior
conviction within the meaning of the three strikes law in exchange for a lid of
16 months (one-third the midterm of two years doubled). Ochoa also admitted violating his probation
in case No. VCF80477 by being in possession of a loaded firearm.
On October
30, 2002, in case No. VCF80477, the court terminated Ochoa’s probation and
lifted the stay on the previously imposed sentence of six years. The court also imposed a consecutive 16-month
term in a case No. VCF96909 and a concurrent 16‑month term in case No.
VCF96947.
On August
27, 2003, the court modified the sentence in case No. VCF96947 from a
concurrent 16-month term to a consecutive 16-month term. Additionally, in case No. VCF96909, the
court modified the sentence from a consecutive 16-month sentence to a
concurrent four-year term and it awarded Ochoa 93 days of presentence custody
credit consisting of 63 days of presentence actual custody credit and 30 days
of presentence conduct credit. The
amended abstract of judgment issued by the court, however, did not memorialize
this award of presentence custody credit.
On July 7,
2011, appellant filed a request for an “amendment/modification of
time/credits.â€
On October 20, 2011, the court
ordered the award of presentence custody credits in case No. VCF96909 amended
to reflect 93 days of presentence custody credit consisting of 63 days of
presentence actual custody credit and 30 days of presentence conduct
credit.
On November 30, 2011, Ochoa filed a
timely appeal.
Ochoa’s appellate counsel has filed
a brief which summarizes the facts, with citations to the record, raises no
issues, and asks this court to independently review the record. (People
v. Wende (1979) 25 Cal.3d 436.)
Ochoa has not responded to this court’s invitation to submit additional
briefing.
Following
an independent review of the record
we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
Wiseman, Acting P.J., Cornell, J., and Gomes, J.
references are to the Penal Code.
