People v. Gomez
| Decision Date | 20 May 2021 |
| Docket Number | F079355 |
| Court | California Court of Appeals Court of Appeals |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. NORMA LISA GOMEZ, Defendant and Appellant. |
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Fresno Super. Ct. Nos. F19901645 & F14900092-2)
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APPEAL from a judgment of the Superior Court of Fresno County. Michael G. Idiart, Judge.
Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta and Xavier Becerra, Attorneys General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Robert C. Nash, Deputy Attorneys General, for Plaintiff and Respondent.
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Appellant and defendant Norma Lisa Gomez committed a series of offenses, repeatedly violated probation, parole, and postrelease community supervision (PRCS), and subsequently entered into a negotiated disposition. She was sentenced to a second strike term of four years in prison. On appeal, defendant contends the matter must be remanded for the trial court to determine whether she qualifies for mental health diversion under Penal Code section 1001.361 and People v. Frahs (2020) 9 Cal.5th 618 (Frahs). She also argues remand is required for the court to determine if she has the ability to pay fines and fees imposed in this case, as set forth in People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We affirm.
The instant appeal is from a negotiated disposition in 2019, where defendant entered into a plea agreement and was sentenced to prison. That disposition, however, was the culmination of multiple offenses and violations of probation and PRCS, as set forth below.
On April 19, 2010, defendant was found in possession of methamphetamine. At the time, she had a long record that began in 1998 and continued with numerous felony and misdemeanor convictions for assaultive, drug, and theft offenses, and multiple probation and parole violations.
On or about July 10, 2010, defendant pleaded guilty in case No. F10800255 to possession of methamphetamine (Health & Saf. Code, § 11377).
On or about July 21, 2010, defendant was placed on probation for two years pursuant to Proposition 36. Defendant never reported to probation and absconded.
On July 15, 2011, defendant was detained by a security officer at Table Mountain Casino because she had been banned from the facility as of February 8, 2011. Defendant was found in possession of a white powdery substance and a glass pipe in her purse. Defendant grabbed the items, rushed into a nearby restroom, flushed the items down the toilet, and walked out of the casino.
Defendant was again detained and arrested. A further search of her purse revealed bank cards, DMV identification cards, and an iPod. The items belonged to two people, who reported defendant did not have their permission to possess their stolen property.
On November 22, 2011, officers stopped a car that was being driven by Ryan Gault; defendant was the passenger. The car contained a laptop computer, printer, jewelry, paperwork, and other items. Defendant said she purchased the vehicle, and the property in the car belonged to her.
The officers determined the car and property had been reported as stolen in different burglaries. There was a green bag in the car that contained paperwork in Gault's name, along with a paycheck, tax returns, and other types of paperwork, all of which also had been reported stolen in burglaries. The burglary victims did not know Gault, and one victim had been subject to identity theft.
Both defendant and Gault were arrested. At the time, defendant had absconded from her probation in case No. F010800255.2
Probation report
According to the December 12, 2011, probation report, filed for defendant's violation of probation in case No. F010800255, defendant had multiple pending cases in other counties at that time. The report stated defendant was disabled due to epilepsy and mental health issues. Her disability checks were sent to a designated payee, who was her boyfriend's mother.
Also, according to the probation report, on May 17, 2011, criminal proceedings had been suspended pursuant to section 1368, in a Madera County case where defendant had been charged with violating section 487, subdivision (a), and she was placed in Patton State Hospital. Defendant was supposed to be transported to Patton by the person who was the payee on her disability checks, but defendant got out of the car and "took off." The probation report stated that this and other cases were still pending against defendant, and the jurisdictions had been advised defendant was in custody in Fresno County.
The probation report stated defendant was born with epilepsy and took antiseizure medications. She began having mental health issues when she was 27 years old and was diagnosed as being bipolar and schizophrenic. She took "numerous psychotropic medications" but the jail was not administering them to her. Defendant said that since she was in a "controlled setting," she was not having any problems with paranoia or hearing voices.
The report further stated that defendant had a long history of using methamphetamine on a daily basis, which began when she started having mental health problems after her mother's death. Defendant stated that in the previous five years, she had completed one treatment program and failed to complete another program.
Procedural background
On January 25, 2012, the court ordered a psychological evaluation of defendant pursuant to section 1368 because a doubt arose as to her competency.
On April 18, 2012, defendant was found not competent to assist in her defense, criminal proceedings in cases Nos. 12903625 and F11907012 were suspended, and she was committed to Patton State Hospital.
On August 27, 2012, the court found defendant was restored to competency and criminal proceedings were reinstated, and the matter was set for a hearing on her probation violation.
The probation report for cases Nos. 12903625 and F11907012 described defendant's prior performance on probation and parole as "miserable." Defendant had It recommended imposition of a prison term.
Plea and sentencing
On September 20, 2012, defendant entered into a negotiated disposition. In case No. F11907012, she pleaded no contest to unlawfully taking or driving a vehicle (Veh. Code, § 10861, subd. (b)) and admitted one prior strike conviction; and in case No. F1290362, she pleaded no contest to receiving stolen property (Pen. Code, § 496, subd. (a)). The court dismissed the other charges and allegations.
On November 2, 2012, the court imposed an aggregate term of four years for defendant's three cases: two years eight months in case No. F11907012, and a consecutive term of one year four months in case No. F1290362; with a concurrent term for the probation violation in case No. F10800255.
On July 30, 2013, defendant was released on PRCS that would terminate in July 2016.
On January 23, 2014, the probation department attempted to contact defendant at her registered home address in Clovis, but her son reported defendant had not lived there in months, and he did not know her whereabouts.
On February 7, 2014, defendant was detained during a traffic stop, she gave a false name and was uncooperative, and she tossed away a bag of marijuana. She was arrested for giving a false identity to an officer (§ 148.9), resisting arrest (§ 148, subd. (a)(1)), and revocation/violation of PRCS (§ 3455, subd. (a)).
Based on these incidents, on February 20, 2014, the probation department filed a petition in case No. F14900092-2, for revocation of defendant's PRCS in cases Nos. F11907012, F12903625, and F10800255, because she failed to maintain contact and obey all laws. The court found probable cause and preliminarily revoked defendant's PRCS status.
On July 14 and September 15, 2014, defendant failed to appear for hearings in case No. F14900092-2, and no-bail arrest warrants were issued.
On January 21, 2015, defendant appeared in case No. F14900092-2, and she was remanded into custody. The court ordered this case to trail pending charges in case No. F14908547.
On April 16, 2015, defendant admitted violating the terms of her PRCS in case No. F14908547; she was released on her own recognizance.
On June 29, 2015, the court reinstated defendant on PRCS with a new expiration date of November 2017.
Defendant's current appeal is based on the negotiated disposition and the court's orders in cases Nos. F14900092-2 and F19901645.
On September 22, 2015, defendant failed to report to the probation office for a follow-up appointment. On November 5, 2015, a probation officer contacted defendant'sdaughter, who reported defendant no longer lived at her stated address in Fresno. On December 12, 2015, defendant's son confirmed defendant did not live at that address, the home was searched, and defendant's whereabouts were unknown.
Based on these incidents, on January 12, 2016, the probation department filed another petition for revocation of defendant's PRCS status in...
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