Filed 4/30/14 P. v. Solomon CA2/6 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA 

SECOND APPELLATE DISTRICT 

DIVISION SIX 

THE PEOPLE, 

 Plaintiff and Respondent, 

v. 

GORDON BARRINGTON SOLOMON, 

 Defendant and Appellant. 

2d Crim. No. B252760 

(Super. Ct. No. YA084788) 

(Los Angeles County) 

 Gordon Solomon appeals from the judgment entered after the trial court 

denied a motion to withdraw appellant's no contest plea to three counts of lewd act upon a 

child (Counts 1, 2, & 4); Pen. Code, § 288, subd. (a); oral copulation of a person under the 

age of 14 (count 3; § 288a, subd. (c)(1)), continuous sexual abuse (count 5; § 288.5, subd. 

(a), four counts of lewd act upon a child (counts 6-9; § 288, subd. (c)(1)), three counts of 

sodomy of a person under the age of 16 (counts 10-12; § 286, subd. (b)(2)), and dissuading a 

witness from reporting a crime (count 13; § 136.1, subd. (b)(1).) On counts 1, 2, 4, and 5, 

appellant admitted that he had substantial sexual contact with a victim under the age of 14 

(§ 1203.066, subd. (a)(8)). 

 Before the change of plea was entered, appellant rejected the prosecution's 

offer of 19 years four months state prison. Appellant was advised that the maximum 

sentence was 35 years eight months and, against the advice of trial counsel, made an open 

plea so that he would receive a full sentencing hearing to determine his sentence. 
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 At the May 31, 2013 sentencing hearing, the prosecutor argued for a 29 year 

four month sentence and appellant's trial counsel argued for a low-term minimum sentence. 

The trial court sentenced appellant to 29 years four months state prison and ordered 

appellant to pay a $280 restitution fine (§ 1202.4, subd. (b)), a $280 parole revocation fine 

(§ 1202.45), a $300 sexual habitual offender fine (§ 290.3.), a $250 court security fee (§ 

1465.8), and a $390 conviction assessment (Gov. Code, § 70373). 

 On July 30, 2013, appellant retained new counsel and filed a motion to 

withdraw the plea on the ground that prior counsel was constitutionally ineffective. After 

the trial judge (Judge Eric Taylor) recused himself, the motion to withdraw the plea was 

heard by Judge Mark Arnold. The trial court conducted a lengthy evidentiary hearing and 

denied the motion on the ground that appellant was not prejudiced by trial counsel's errors 

within the meaning of Strickland v. Washington (1984) 466 U.S. 688 [80 L.Ed.2d 674]. The 

trial court found that appellant knew that the maximum possible sentence was 35 years eight 

months; that appellant rejected an offer of 19 years four months and entered the change of 

plea against the advice of trial counsel; that the change of plea was freely, voluntarily and 

intelligently made and that, but for counsel's alleged errors, there is no reasonable 

probability that the result of the proceeding would have been more favorable. 

 Appellant filed a notice of appeal and a request for certificate of probable 

cause which was denied by the trial court. (§ 1237.5, subd. (a).) We appointed counsel to 

represent appellant in this appeal. After counsel’s examination of the record, he filed an 

opening brief in which no issues were raised. 

 On March 24, 2014, we advised appellant that he had 30 days within which to 

personally submit any contentions or issues he wished us to consider. On April 21, 2014, 

appellant submitted a letter brief stating, among other things, that he was denied effective 

assistance of counsel because trial counsel was "confused" about the maximum possible 

sentence and told appellant that the open plea was "the best thing to do." These contentions 

are not supported by the record. (Strickland v. Washington, supra, 446 U.S. at p. 687 [89 

L.Ed.2d at p. 693]; People v. Bolin (1998) 18 Cal.4th 297, 333.) Appellant failed to 
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establish a reasonable probability that, but for trial counsel's errors, appellant would not 

have pleaded guilty and would have obtained a more favorable result had he proceeded to 

trial. (See e.g., People v. Fairbank (1997) 16 Cal.4th 1223, 1241-1242.) The change of 

plea was based on the probation report, police reports, and the preliminary hearing transcript 

which reflect that appellant, a church pastor, sexually assaulted the victim at church and at 

home, told two church board members about the sexual assaults, planned to mortgage the 

church to create a trust fund for a victim, threatened to flee to Belize, and sent email to one 

of the victims. 

 We have reviewed the entire record and are satisfied that appellant's attorney 

has fully complied with his responsibilities and that no arguable issues exist. (People v. 

Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.) 

 The judgment is affirmed. 

 NOT TO BE PUBLISHED. 

 YEGAN, J. 

We concur: 

 GILBERT, P.J. 

 PERREN, J. 
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Eric C. Taylor, Judge 

Superior Court County of Los Angeles 

______________________________ 

 Richard L.. Fitzer, under appointment by the Court of Appeal, for Appellant. 

 No appearance for Respondent.