People v. Romero CA5

INTRODUCTION

A jury convicted appellant Juan Carlos Romero of forcible sodomy; the jury was unable to reach a verdict on a charge of rape and on special allegations alleged pursuant to Penal Code section 667.61.1 A mistrial was declared and the People announced their intent to retry Romero. Romero was granted the right to represent himself at the retrial pursuant to Faretta v. California (1975) 422 U.S. 806. While Romero was representing himself, the case was settled pursuant to a negotiated disposition. Romero filed a notice of appeal and requested a certificate of probable cause, which was denied. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436.

FACTUAL AND PROCEDURAL SUMMARY

On September 23, 2010, a felony complaint was filed charging Romero with forcible sodomy (count 1), a violation of section 286, subdivision (c)(2), forcible rape (count 2), a violation of section 261, subdivision (a)(2), and alleging special enhancements as to both counts pursuant to section 667.61, subdivisions (a), (b), (d), and (e). The complaint alleged the offenses were committed on or about June 12, 2001. Romero pled not guilty and denied the special allegations. On…