The People v. Zacatenco CA4/2

INTRODUCTION

On October 23, 2012, a felony complaint charged defendant and appellant Gerardo

Romero Zacatenco with nine counts of lewd acts upon a minor under the age of 14 years

(Pen. Code,1 § 288, subd. (a), counts 1-2, 4-10), and one count of a lewd act upon a

minor under the age of 14 years by use of force and fear of immediate bodily injury.

(§ 288, subd. (b)(1), count 3).

On December 5, 2012, defendant pled guilty to counts 3 through 6. In exchange,

the remaining charges were dismissed and defendant agreed to a stipulated sentence.

On December 12, 2012, pursuant to the plea agreement, the trial court sentenced

defendant to 12 years in state prison. The court awarded defendant 56 days of credit for

time served, consisting of 49 actual days and seven conduct days pursuant to section

2933.1.

On February 4, 2013, defendant filed a timely notice of appeal. The notice of

appeal indicated that the appeal was based on the sentence or other matters that occurred

after the plea.

STATEMENT OF FACTS

Defendant accepted a stipulated plea agreement, wherein he pled guilty to counts

through 6 of the complaint. Defendant initialed the plea form where it states:…