P. v. Sanchez




Filed 4/27/11 P. v. Sanchez CA2/4





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v. COSME ENRIQUE SANCHEZ, Defendant and Appellant.

B227125 (Los Angeles County Super. Ct. No. A223680)

APPEAL from a judgment of the Superior Court of Los Angeles County,
Peter Paul Espinoza, Judge. Affirmed.
Marilyn Drath, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.

Cosme Enrique Sanchez appeals from an order of the superior court, denying his petition under Penal Code section 851.8, subdivision (b) to destroy his arrest records of July 20, 1967. We affirm.
Appellant was charged in 1967 with various burglary and robbery counts, including assault with intent to commit robbery, in violation of the version of Penal Code section 220 in effect at the time.[1] The information alleged the offenses occurred on July 17, 1967. He was convicted by jury of robbery and assault with intent to commit robbery.
A new case was brought against appellant in 1978. A June 1978 amendment to the information erroneously described his prior conviction as assault with intent to commit rape, rather than assault with intent to commit robbery.
Appellant was arrested again in 1997 and charged with narcotics offenses. The probation officer's report repeated the error that appellant's 1967 conviction was for assault to commit rape. Appellant was sentenced to a term of 25 years to life and received by the California Department of Corrections and Rehabilitation on July 16, 1997.
In 1998, a state prison classification committee report stated that appellant was arrested on July 20, 1967 for assault to commit rape. The report further noted, however, that a probation records report showed that the arrest was for a robbery and an assault with no indication of an attempted rape, so an â€