P. v. Rodriguez

Filed 10/9/08 P. v. Rodriguez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Efren Carrillo Rodriguez appeals from a judgment entered after he pleaded no contest to seven counts of committing a lewd and lascivious act on a child by force, violence, duress, menace or fear. (Pen. Code, 288, subd. (b)(1).) Pursuant to a negotiated plea agreement, defendant was sentenced to serve 44 years in state prison. This timely appeal ensued.

In May 2007, defendants two daughters reported defendant molested them when they were younger. Nineteen-year-old C. said that when she was between the ages 10 and 13, defendant molested her four separate times, touching her breasts and her vagina. C. also reported that on two of these occasions, defendant inserted his finger into her vagina. Twelve-year-old J. said that when she was 10 years old, defendant molested her three separate times, touching her breasts and her vagina. J. said that on two of these occasions, defendant inserted his finger into her vagina, and on one occasion, defendant orally copulated her vagina. When confronted with the accusations, defendant admitted molesting his two daughters, and blamed his conduct on his drug use at the time.[1]

We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. Defendant requested and received one extension of time to file a response. His second request for extension of time was denied by this court and the matter stood submitted without a response from the defendant.

Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.

Disposition

The judgment is affirmed.

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rushing, P.J.

WE CONCUR:

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PREMO, J.

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DUFFY, J.

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[1] The facts as stated herein are taken from a probation report.