P. v. Gevas
P. v. Gevas
Filed 10/26/12 P. v. Gevas CA1/4
Opinion following order vacating prior opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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opinion has not been certified for publication or ordered published for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.
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
Plaintiff and Respondent,
Defendant and Appellant.
Anthony Stephen Gevas entered a no contest plea to cruelty to a dependent adult in violation
of Penal Code section 368, subdivision (b)(1), as charged in amended count 2 of
the information. Count 1, sexual
battery, and five prior prison term allegations were dismissed. At sentencing, probation was denied and
appellant was sentenced to the upper term of four years in state prison.
established that appellant approached the victim in the parking lot of the Sutter
and complimented her on her appearance.
The victim had an appointment with her doctor. When she exited the building in her
wheelchair following the appointment, appellant asked her if she needed a
ride. She accepted and appellant put the
wheelchair in the back of the truck. The
victim entered the passenger’s door of appellant’s truck.
he was driving on the highway, appellant “all of a sudden put his hand on my
knee and rubbed up my thigh to touch my private spot.” The victim protested. Appellant also placed his hand inside her
blouse and touched her right breast.
they arrived at the victim’s ultimate destination, a CVS pharmacy, appellant
removed the wheelchair from the back of the truck. The victim got in the wheelchair and
appellant departed. The victim took the
bus to her home. A few days after the
incident, she reported the assault to the sheriff’s department.
for appellant has filed an opening brief
raising no issues and requesting this court for an independent review of the
record pursuant to People v. Wende
(1979) 25 Cal.3d 436. Appellant was
advised by counsel of the opportunity to file a supplemental brief. By order dated September 12, 2012, we vacated on our own motion our prior
opinion filed September 7, 2012,
and granted appellant a 30-day extension of time to file a supplemental opening
brief. We have received the same. We have conducted the requested review and
conclude that there are no arguable issues.
was represented throughout the proceedings by counsel. His no contest plea was validly entered after
full advisement of his rights and consequences.
There was no abuse of discretion or sentencing error.
The summary of facts is taken from the preliminary hearing transcript as there
was no trial as a result of appellant’s plea.
* Retired Associate Justice of the Court of
Appeal, First Appellate District, assigned by the Chief Justice pursuant to
article VI, section 6 of the California Constitution.