P. v. Go
Filed 5/22/06 P. v. Go CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. GERALD GO, Defendant and Appellant. | G035721 (Super. Ct. No. C-61871) O P I N I O N |
Appeal from a judgment and an order of the Superior Court of Orange County, Daniel J. Didier, Judge. Affirmed.
Richard Schwartzberg for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Erika Hiramatsu and Robert M. Foster, Deputy Attorneys General, for Plaintiff and Respondent.
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After pleading guilty in May 1987 to charges of burglary and rape, Gerald Go fled from justice and was a fugitive for over 17 years. He was apprehended and in March 2005 moved to withdraw his guilty plea. The trial court denied the motion and sentenced Go to a term of five years. We affirm.
Facts and Proceedings in the Trial Court
An information filed on March 9, 1987 charged Go with one count of burglary in violation of Penal Code section 459 (all further statutory references are to the Penal Code), one count of residential burglary in violation of sections 459 and 460.1, and one count of assault to commit rape in violation of section 220. The information alleged that Go had used a deadly and dangerous weapon (a stun gun) within the meaning of section 12022, subdivision (b) and that had caused great bodily injury within the meaning of section 12022.7.
On March 17, 1987, Go pleaded guilty to all counts and admitted the special allegations. His indicated sentence was five years. Go failed to appear for sentencing on May 19, 1987, and a bench warrant was issued for his arrest.
Go fled the United States and ended up in Canada. He was arrested when trying to cross the border from Canada into New York State, and appeared in Orange County Superior Court on November 1, 2004 for a â€
