P. v. Garcia

Filed 10/5/07 P. v. Garcia 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Thomas N. Douglass, Jr., Judge. Affirmed.

Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

On August 22, 2006, defendant was charged by felony complaint with committing a lewd act on a child under the age of 14 (Pen. Code, 288, subd. (a), count one), two counts of committing a lewd act on a child under the age of 14 by force, violence, duress, menace and fear of immediate and unlawful violent injury (Pen. Code, 288, subd. (b)(1), counts two and three) and forcible oral copulation on a child under the age of 14 (Pen. Code, 269, subd. (a)(4), count four).

On October 12, 2006, pursuant to Penal Code sections 859a and 1192.7, defendant, represented by counsel, pleaded guilty as charged in counts one through three. In exchange for his plea the People agreed to dismiss count four and stipulated that defendant would be sentenced to state prison for an aggregate term of 22 years. Thereafter, defendant was committed to state prison, awarded the appropriate custody credits, and in accordance with the disposition count four was dismissed on motion of the district attorney and in the interests of justice pursuant to Penal Code section 1385.

Defendant filed a timely notice of appeal and requested the issuance of a certificate of probable cause. The trial court granted that request and defendants certificate of probable cause was filed on November 15, 2006.

Statement of facts

The factual basis in this matter consisted of defendants admission that he committed the acts charged in the complaint as follows:

Between February 19, 2002 and February 20, 2002, defendant willfully, unlawfully and lewdly committed a lewd and lascivious act upon Jane Doe, a child under the age of 14 years, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of defendant and the child.

Between September 28, 2003 and September 29, 2003, defendant willfully, unlawfully and lewdly committed two lewd and lascivious acts upon Mary Doe, a child under the age of 14 years, by use of force, violence, duress, menace and fear of immediate and unlawful bodily injury, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires of defendant and the child.

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 [87 S.Ct. 1396, 18 L.Ed.2d 493] 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 the defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

Disposition

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P.J.

We concur:

HOLLENHORST

J.

MILLER

J.

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