>P. v.
Alvarado

 

 

 

 

 

 

 

 

 

 

Filed 5/30/13  P. v. Alvarado
CA4/1

 

 

 

 

 

NOT TO BE PUBLISHED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  This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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

 

COURT OF APPEA, FOURTH APPELLATE DISTRICT

 

DIVISION ONE

 

STATE OF CALIFORNIA

 

 

 
>

THE PEOPLE,               Plaintiff and Respondent,               v.   ALFONSO ALVARADO,               Defendant and Appellant.

D062206         (Super. Ct. No. SCS252155)

 

            APPEAL
from a judgment of the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">San Diego
County, Kathleen M. Lewis, Judge.  Affirmed.

           

            Cynthia
A. Grimm, under appointment by the Court of Appeal, for Defendant and
Appellant.

            No
appearance for Plaintiff and Respondent.

            Pursuant
to a plea agreement, defendant Alfonso
Alvarado pled guilty to one count of forcibly committing a lewd act on a person
under the age of 14 and admitted that at the time of the offense he was over
the age of 16.  (Pen. Code, § 288,
subd. (b)(1); Welf. & Inst. Code, § 707, subd. (d)(1).)  In exchange for the plea, the district
attorney agreed to dismiss one count of sodomy by force on a person under the
age of 14 (Pen. Code, § 286, subd. (c)(2)(A) & (B)) and four other
counts of forcible lewd acts on a person under the age of 14.  Alvarado stipulated to a sentencing range of
from five to 10 years.

At sentencing,
the victim, who is Alvarado's cousin, submitted a statement describing his
continuing trauma, and the victim's psychologist submitted a statement in which
he described the victim's continuing and irreparable harm.  Although Alvarado submitted statements from a
number of family members and other individuals in mitigation, the trial court
imposed the upper term of 10 years in state
prison.

Appointed
appellate counsel has filed a brief summarizing the proceedings below. Counsel
presents no argument for reversal but asks this court to review the record for
error as mandated by People v. Wende
(1979) 25 Cal.3d 436.  Pursuant to >Anders v. California (1967) 386 U.S.
738, counsel lists as a possible, but not arguable, issue:

Whether the
trial court abused its discretion in imposing the upper term.

We granted
Alvarado permission to file a brief on his own behalf.  He has not responded.  Our review of the record pursuant to >People v. Wende, supra, 25 Cal.3d 436, and Anders
v. California, supra, 386 U.S.
738, including the possible issue listed pursuant to Anders v. California, has disclosed no reasonably arguable
appellate issues. 

We find that
Alvarado was adequately represented both at trial and on appeal.

DISPOSITION

The judgment is affirmed.

 

 

BENKE, Acting P. J.

 

WE CONCUR:

 

 

                                McDONALD,
J.

 

 

                                   O'ROURKE,
J.