P. v. Avalos
Filed 5/2/13 P. v. Avalos CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
RUBEN AVALOS,
Defendant
and Appellant.
E057064
(Super.Ct.No.
RIF1100195)
OPINION
APPEAL from the Superior Court of
County. Jeffrey
Prevost, Judge. Affirmed.
Patrick E. DuNah, under appointment
by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and
Respondent.
On July 6, 2011, an information was filed against defendant and appellant Ruben
Avalos
title="">[1] involving three victims. As to Jane Doe 1, defendant was charged with
five counts of engaging in unlawful sexual intercourse or sodomy with a person
10 years of age or younger. (Pen. Code, § 288.7, subd. (a), counts 1-5.)
As to Jane Doe 2, defendant was charged with one count of engaging in
oral copulation or sexual penetration (§
288.7, subd. (b), count 6), and two counts of committing a lewd or lascivious
act (§
288, subd. (a), counts 7 & 8). As to Jane Doe 3, defendant was charged with
one count of engaging in unlawful sexual intercourse or sodomy with a person 10
years of age or younger (§ 288.7, subd. (a), count 9),
and two counts of engaging in oral copulation or sexual penetration (§ 288.7, subd. (b), counts 10 & 11).
On August 2, 2012, jury voir dire commenced.
However, on August 7, 2012, prior to the
completion of jury selection, a negotiated
disposition was reached. By
stipulation of the parties, six counts of section 288, subdivision (b)(1),
(committing a lewd act on a child using force or violence), were added: counts 12 and 13 as to Jane Doe 1; counts 14
and 15 as to Jane Doe 2; and counts 16 and 17 as to Jane Doe 3. Defendant pled guilty to counts 12 through
17, in exchange for stipulated sentence of 46 years in state prison and the
dismissal of the balance of the charges.
At the sentencing hearing, the trial
court denied probation. The trial court
then sentenced defendant to the agreed term of 46 years in
defendant was sentenced to the upper term of eight years on that count. Consecutive upper terms of eight years were
imposed on counts 13 through 16, and a consecutive midterm of six years was
imposed on count 17. The trial court
awarded defendant 676 days of custody credits under section 2933.1. The court imposed a $200 restitution fine
under section 1202.4, and a $200 parole revocation fine under section 1202.45,
suspended pending successful completion of parole. The court also ordered defendant to register
under section 290.
Defendant filed a timely
Defendants, Inc., filed a timely amended notice.
In his plea agreement, defendant
agreed that “I did the things that are stated in the charges that I am
admitting.â€
After defendant
appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority
of People
v. Wende (1979) 25 Cal.3d 436 and Anders
v. California (1967) 386 U.S. 738, setting forth a statement of the case, a
summary of the facts and potential arguable issues, and requesting this court
to undertake a review of the entire record.
We offered
defendant an opportunity to file a personal
supplemental brief, but he has not done so.
Pursuant to the mandate of People
v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of
the record and find no arguable issues.
DISPOSITION
The
judgment is affirmed.
NOT
TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
J.
We concur:
RAMIREZ
P. J.
KING
J.
name="_ftn1" title=""> [1] The court notes that the
record shows defendant’s name both as “Ruben Avalos†and as “Ruben Avalos
Camarillo.â€
