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The People v. Richard Edward Kamka

August 16, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
RICHARD EDWARD KAMKA, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. CM022965, CM023797, CMO24029)

The opinion of the court was delivered by: Mauro , J.

P. v. Kamka CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Richard Edward Kamka pleaded no contest in case No. CM022965 (case 965) to making criminal threats. In addition, a jury convicted defendant in case No. CM023797 (case 797) with failure to appear, unlawful possession of a controlled substance, and resisting an officer. The jury found on-bail enhancement and prior strike allegations true. Moreover, in case No. CM024029 (case 029), a jury convicted defendant of stalking. The trial court found on-bail enhancement and prior strike allegations true.

The trial court subsequently sentenced defendant to an aggregate prison term of 11 years 4 months.

Defendant now contends (1) the trial court abused its discretion in denying defendant's motion to withdraw his plea in case 965, because at the time the trial court denied the motion it was "reasonably aware" that defendant's mental state was questionable; and (2) the criminal threats conviction in case 965 could not serve as a prior strike conviction in case 029 and case 797 because defendant was sentenced in all three cases on the same day.

We conclude (1) defendant forfeited the issue of his mental state in connection with his plea in case 965 because he did not raise the issue as a ground for withdrawal of the plea in the trial court; and (2) consistent with this court's holding in People v. Queen (2006) 141 Cal.App.4th 838 (Queen), defendant's criminal threats conviction in case 965 could properly serve as a prior strike conviction in case 029 and case 797.

BACKGROUND

In July 2005 defendant pleaded no contest in case 965 to making criminal threats. (Pen. Code, § 422.)*fn1 He subsequently failed to appear for sentencing.

In September 2005 in case 797, defendant was charged with failure to appear (§ 1320, subd. (b)), possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)), resisting an officer (§ 148, subd. (a)(1)), and prowling (§ 647, subd. (h)). It was also alleged that he failed to appear while released on bail or on his own recognizance. (§ 12022.1.)

On November 3, 2005, defendant filed a motion to withdraw his plea in case 965. The trial court denied the motion.

Defendant was also charged in case 029 with stalking. (§ 646.9, subd. (c)(1).)

Defendant entered pleas of not guilty by reason of insanity in case 797 and case 029. Doctors were appointed to examine defendant. Meanwhile, the People filed an information in case 797 and case 029, charging that defendant's conviction for ...


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