P. v. Moreno
Filed 8/3/10 P.
v. Moreno CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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opinion has not been certified for publication or ordered published for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
FIFTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
ANTHONY DELGADO MORENO,
Defendant and Appellant.
F059031
(Super. Ct. No. VCF207340)
O P I N I O N
THE COURT*
APPEAL from a judgment of the Superior
Court of Tulare
County. Paul Anthony Vortmann,
Judge.
Jonathan E. Berger, under appointment by
the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General,
Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior
Assistant Attorney General, Julie A. Hokans and Ryan B. McCarroll, Deputy
Attorney Generals, for Plaintiff and Respondent.
-ooOoo-
Appellant, Anthony Delgado Moreno, appeals the judgment
of conviction entered on a plea of no contest to using false citizenship documents (Pen.
Code, § 114, count one) and elder abuse (Pen. Code, § 368, subd. (b)(1), count
two). The court placed Moreno on
probation for three years and suspended imposition of sentence. Subsequently, the court found Moreno had
violated his probation by committing the offenses of which he was convicted in
case number VCF218924 (appeal number F057923).
The court terminated probation and imposed a five-year term for the
false document count and a concurrent five-year term for the elder abuse
count. Moreno contends, and the People
concede, the court imposed an unauthorized sentence on the elder abuse count. We will find the error harmless under the
circumstances and affirm the judgment, including the three-year concurrent
sentence on count 2 as reflected in the abstract of judgment.
FACTS
On July 3,
2008, Farmersville Police Officer Daniel Villalobos saw Moreno at a convenience
store wearing a badge on his belt that appeared to be a police badge. Villalobos did not recognize Moreno so he
asked him for identification. Moreno
handed him a resident alien identification card. Villalobos noted Moreno's name and date of
birth and returned the card.
On July 23,
2008, 73-year-old Antonio Villasenor saw Moreno in a church parking lot
attempting to â€
| Description | Appellant, Anthony Delgado Moreno, appeals the judgment of conviction entered on a plea of no contest to using false citizenship documents (Pen. Code, § 114, count one) and elder abuse (Pen. Code, § 368, subd. (b)(1), count two). The court placed Moreno on probation for three years and suspended imposition of sentence. Subsequently, the court found Moreno had violated his probation by committing the offenses of which he was convicted in case number VCF218924 (appeal number F057923). The court terminated probation and imposed a five-year term for the false document count and a concurrent five-year term for the elder abuse count. Moreno contends, and the People concede, the court imposed an unauthorized sentence on the elder abuse count. Court will find the error harmless under the circumstances and affirm the judgment, including the three-year concurrent sentence on count 2 as reflected in the abstract of judgment. |
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