P. v. Reynada
Filed 6/7/13 P. v. Reynada 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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.
MARTIN REYNADA,
Defendant
and Appellant.
E057567
(Super.Ct.No.
RIF1205989)
OPINION
APPEAL
from the Superior Court
of
Becky Dugan, Judge. Affirmed.
Patrick
E. DuNah, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
Defendant
and appellant Martin Reynada pled guilty to three counts of committing a lewd
and lascivious act on a child under the age of 14 with force, fear or violence.
(Pen. Code, § 288, subd. (b)(1).)
engaging in substantial sexual conduct with the victim. (§ 1203.066, subd. (a)(8).) In return, defendant was sentenced to a total
term of 21 years in state prison with credit for time served. Defendant appeals from the judgment,
challenging the sentence or other matters occurring after the plea, as well as
the validity of the plea or admission.
We find no error and affirm.
I
FACTUAL AND
PROCEDURAL BACKGROUND
name="_ftnref2" title="">[2]
From
January 2009 through August 28, 2012,
defendant sexually molested his stepdaughter, commencing when she was 10 years
old, while she was asleep in her bedroom, at least once a week. The victim explained that defendant would enter
her bedroom at night and orally copulate her and/or digitally penetrate her
vagina. The sexual abuse was discovered
on August 28, 2012, when
the victim’s mother found defendant at the foot of the victim’s bed with the
victim’s pants zipper down and the victim asleep.
On
August 30, 2012, a felony
complaint was filed charging defendant with three counts of committing a lewd
and lascivious act on a child under the age of 14 with force, fear or violence.
(§ 288, subd. (b)(1), counts 1-3.) The complaint further alleged that as to each
count defendant had engaged in substantial
sexual conduct with the victim. (§ 1203.066,
subd. (a)(8).)
On
September 11, 2012, in an “openâ€
plea to the court, defendant pled guilty to the sheet as charged with the
understanding that he could receive a sentence of up to 30 years in state
prison. The trial court found that the
plea and admissions were entered into freely and voluntarily and that defendant
knowingly and intelligently waived his rights.
Defendant was thereafter ordered to be evaluated by a probation officer
and psychologist.
The
sentencing hearing was held on November
9, 2012. Following arguments
from counsel, defendant was sentenced to a total term of 21 years in state
prison with credit of 85 days for time served.
On
November 14, 2012,
defendant filed a notice of appeal,
challenging the sentence or other matters occurring after the plea, as well as
the validity of the plea or admission, and a request for certificate of
probable cause. The trial court denied
the request for certificate of probable
cause.
II
DISCUSSION
Defendant
appealed and, upon his request, this court appointed counsel to represent
him. Counsel has filed a brief under the
authority of
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 conduct an independent
review of the 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 independently reviewed the record
for potential error and find no arguable issues.
III
DISPOSITION
The
judgment is affirmed.
NOT
TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
MILLER
J.
CODRINGTON
J.
name="_ftn1" title=""> [1] All further statutory
references are to the Penal Code unless otherwise indicated.
name="_ftn2" title=""> [2] The factual background is
taken from the police report.
