Fear Not Law Articles: P. v. Ponce

P. v. Ponce

Filed 2/5/07 P. v. Ponce CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

ROBERTO PONCE,

Defendant and Appellant.

A113682

(San Mateo County

Super. Ct. No. SC059617)

I. INTRODUCTION

Appellant Roberto Ponce pled no contest to a charged violation of Penal Code section 290, subdivision (g)(2)[1] (failing to register as a convicted sex offender), and admitted prior conviction allegations within the meaning of sections 667.5 (one-year enhancement for prior prison term) and 1170.12 (second strike provision of â€

Description	Appellant pled no contest to a charged violation of Penal Code section 290, subdivision (g)(2)[1] (failing to register as a convicted sex offender), and admitted prior conviction allegations within the meaning of sections 667.5 (one year enhancement for prior prison term) and 1170.12 (second strike provision of "Three Strikes" law). As part of the plea bargain, appellant was permitted to bring a motion to dismiss his prior strike conviction. This motion was denied and sentence was imposed. Appellant contends his sentencing hearing was unfair, his due process right to an adequate record for appellate review was violated, and the court abused its discretion in denying his motion to dismiss the strike. Court affirm the judgment.
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