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Name: People v. Ornelas
Case #: B181829
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/28/2005

At Ornelas’s sentencing following a plea of no contest to assault with a deadly weapon, the trial court failed to inquire whether Ornelas had any legal cause to show why judgment should not be pronounced against him (Penal Code section 1200). Neither Ornelas nor counsel either objected to the sentence or requested to present mitigating evidence. On appeal, he contended that he was denied his statutory right to allocution pursuant to section 1200. The appellate court rejected his argument and affirmed. Lack of compliance with section 1200 is harmless error when a defendant is represented by counsel and has pleaded guilty. Appellant and his attorney had an opportunity to speak with the probation officer and their statements were included in the probation report. He was represented by counsel and pleaded guilty. Therefore there was no prejudice arising from the trial court’s omission.