P. v. Lopez

Filed 9/25/08 P. v. Lopez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

Defendant Craig Steven Lopez pleaded guilty to continuous sexual abuse of a child under 14 (Pen. Code, 288.5, subd. (a)), lewd conduct on a child under 14 by force or fear (Pen. Code,  288, subd. (b)(1)), oral copulation by force or fear (Penal Code,  288a, subd. (c)(2)), and rape by force or fear (Pen. Code, 261, subd. (a)(2)). Defendant also admitted that he suffered two prior strike convictions (Pen. Code, 667, subds. (b)‑(i), 1170.12). After the trial court denied defendants motion to dismiss the prior strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, it sentenced defendant to state prison for an indeterminate term of 75 years to life consecutive to a determinate term of 36 years. This court granted defendants motion to file a late notice of appeal.

On May 17, 2005, 17-year-old A. Doe reported to school officials that defendant, who was her stepfather, began molesting her when she was six. The molestation continued until she was in seventh grade. Defendant repeatedly touched her breasts and her vagina. A. Doe also stated that defendant sexually assaulted her sister S. Doe.

Though she initially denied that defendant had sexually assaulted her, S. Doe reported that he began fondling her around 1995 when she was about 13 to 14 years old. Defendant told her not to tell her mother, because she would be mad at both of them. In 1996, defendant orally copulated S. Doe. In 1996 or 1997, defendant and S. Doe were watching television when defendant had sexual intercourse with her. She was 14 or 15 years old. On another occasion in 1997, defendant put his penis in her shorts and made contact with her vagina. There were other occasions when defendant had sexual intercourse with her.

Defendant had an extensive criminal history, including four convictions for first degree burglary as well as convictions for possession of stolen property, infliction of corporal injury on a spouse, and robbery. Defendant also had 14 misdemeanor convictions.

Appointed appellate counsel has filed an opening brief which states the case and the facts, but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

The judgment is affirmed.

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Mihara, J.

WE CONCUR:

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Bamattre-Manoukian, Acting P.J.

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Duffy, J.

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People v. Lopez

H032554