Filed
5/29/13 P. v. Goyette
CA2/7
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115.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
SECOND
APPELLATE DISTRICT
DIVISION
SEVEN
THE PEOPLE,
Plaintiff and Respondent,
v.
KEVIN LEE GOYETTE,
Defendant and Appellant.
B243527
(Los Angeles
County
Super. Ct.
No. MA055342)
APPEAL from
a judgment of the Superior Court
of
County.
Kathleen Blanchard, Judge.
Affirmed.
Suzan E.
Hier, under appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
____________________
After Kevin
Lee Goyette took merchandise from a department store without paying for it on January 6, 2012, he was charged in a
three-count felony complaint with second
degree burglary, grand theft and driving on a suspended license (Super. Ct.
L.A. case No. MA055342).
title="">[1]
Represented by appointed counsel,
Goyette waived his right to a preliminary
hearing and agreed to plead no contest to second degree burglary on April 6, 2012. As part of
the negotiated agreement the remaining
counts were to be dismissed and Goyette placed on three years of formal
probation on condition he serve five days in county jail with credit for time
served. At the time he entered his plea,
Goyette was advised of his constitutional rights and the nature and
consequences of his plea. Goyette stated
he understood and waived his constitutional rights, acknowledged he understood
the consequences of his plea and accepted the terms of the negotiated
agreement. The trial court found a
factual basis for the plea based upon the police report and expressly found
Goyette’s waivers and plea were voluntary, knowing and intelligent. The court ordered Goyette to return to court
for sentencing on April 26, 2012.
On April 11, 2012 Goyette was
arrested after police seized ammunition from his house during a protective
sweep. Goyette was charged in a felony
complaint in case No. MA055877 with possession of ammunition by a felon
with an allegation that, at the time of the offense, Goyette had been released
from custody on bail or his own recognizance in case No. MA055342.
On April 26, 2012 the trial court
granted Goyette’s request to represent himself on both cases (
806 [95 S.Ct. 2525, 45 L.Ed.2d 562]), relieved his appointed counsel and
proceeded with the preliminary hearing in case No. MA055877 at Goyette’s
request. At the conclusion of the
preliminary hearing Goyette was held to answer to the charge of possession of
ammunition by a felon. The court set May
10, 2012 for Goyette’s arraignment on the information in case
No. MA055877, his sentencing in case No. MA055342 and a hearing on any
filed motions Goyette wished to argue.
At the May 10, 2012 hearing the trial court granted Goyette’s request to
relinquish his propria persona status and appointed counsel to represent him on
both cases.
Pursuant to an negotiated agreement
reached on June 12, 2012 Goyette pleaded no contest in case No. MA055877 to
possession of ammunition by a felon and admitted he had committed the offense
while released on bail or on his own recognizance. In accordance with the agreement, the trial
court sentenced Goyette to an aggregate state prison term of five years,
stayed execution of sentence and placed Goyette on three years of formal
probation. The same day, the trial court sentenced
Goyette in case No. MA055342 to a concurrent term of two years (the middle term)
for second degree burglary, stayed execution of sentence and placed Goyette on
three years of formal probation on condition he serve 133 days in county jail
with credit for time served. The
court ordered Goyette to pay a $40 court security assessment, a $30 criminal
conviction assessment, a $10 crime prevention fee and a $240 restitution fine
and imposed and stayed a parole revocation fine pursuant to Penal Code
section 1202.45. The remaining
counts were dismissed in accordance with the plea agreement.
On August
10, 2012 Goyette filed a notice of appeal
from the June 12, 2012 judgment in case No. MA055342. Goyette checked the boxes indicating his
appeal was from “a plea of guilty or no contest or an admission of a probation
violation†and “challenges the validity of the plea or admission.†The trial court granted
Goyette’s request for a certificate of probable cause without explanation and,
from our perspective, with no basis in the record.
We
appointed counsel to represent Goyette on appeal. After examination of the record, counsel
filed an opening brief in which no issues were raised. On January 18, 2013 we advised Goyette
he had 30 days within which to personally submit any contentions or issues he
wished us to consider. No response has
been received to date.
We have
examined the record and are satisfied Goyette’s attorney has fully complied
with the responsibilities of counsel and no arguable issue exists. (Smith v. Robbins (2000)
528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 112-113;
436, 441.)
To
the extend it can be understood, Goyette’s request for a certificate of
probable cause claimed a search and seizure were unreasonable and his plea was
coerced. However, there was no
oral or written motion to suppress (Pen. Code, § 1538.5), and there is no
support in the record that Goyette’s plea was involuntary.
The judgment is affirmed.
PERLUSS,
P. J.
We
concur:
WOODS,
J.
ZELON,
J.
Superior Court cases.
request for a certificate of probable cause that he was also appealing from the
judgment in case No. MA055877, no notice of appeal was filed in that case.
