P. v. Orantes
On November 4, 2011, a felony complaint charged defendant and appellant Ralph Orantes, Jr., with violations of Penal Code[1] section 269, subdivision (a)(1) for rape of a child under the age of 14 years and seven or more years younger than the defendant (counts 1 & 2); and section 288, subdivision (b)(1) for lewd and lascivious acts upon a minor under the age of 14 years (counts 3‑12). Defendant pled not guilty.
On May 8, 2012, defendant withdrew his not guilty plea and entered into a negotiated settlement whereby he pled guilty to counts 3 through 7. As a condition of the plea, the parties agreed that the remaining counts would be dismissed and that defendant would receive a determinate term of 40 years in state prison (upper term on all counts, full and consecutive). Defendant waived his right to appeal.
On July 11, 2012, the parties appeared for sentencing. Defendant indicated that he wished to withdraw his guilty plea, so the case was sent to another courtroom for a hearing under People v. Marsden (1970) 2 Cal.3d 118. Following the hearing, the court denied the Marsden motion.
Thereafter, defendant returned to the sentencing court. The trial court sentenced defendant pursuant to the agreed-upon term of 40 years. Defendant was awarded 253 days of actual credit, plus 37 days of credit under section 2933.1, for a total of 290 days. The court then imposed a restitution fine and various fees.
On July 11, 2012, a timely notice of appeal was filed. Defendant did not request a certificate of probable cause.
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