Filed 6/29/26 P. v. Delima CA1/4
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,
Plaintiff and Respondent,
A172914
v.
GUILHERME DELIMA, (Contra Costa County
Super. Ct. No. 04-24-00009)
Defendant and
Appellant.

Defendant Guilherme Delima appeals from a six-year state
prison sentence imposed after he pled guilty to one felony count
of unlawful sexual intercourse with a minor (Pen. Code, § 261.5,
subdivision (d))1, pled no contest to seven related felony counts,
and admitted one of the enhancing allegations and two of the
alleged aggravating circumstances. Defendant entered his pleas
and admitted the allegation and aggravating circumstances after
the prosecution agreed to dismiss two of the alleged aggravating
circumstances and the trial court indicated that it intended to
impose a sentence of no more than eight years.

1 All undesignated statutory references are to the Penal

Code.

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 Citing People v. Wende (1979) 25 Cal.3d 436 (Wende),
defendant’s counsel filed a brief summarizing the facts and
asking this court to independently review the record to identify
any issues warranting relief. Defendant received notice of his
right to file a supplemental brief raising any issues he wished us
to consider, but has failed to do so. Upon our independent
review, we find no issues warranting further briefing and
therefore affirm.
As summarized by the trial court, defendant, “a 39- or 40-
year-old man[,] had on a number of occasions sexual intercourse
with a 14-year-old. And the result of that is that the 14-year-old
became pregnant and has given birth to a child.”
Based on these facts, the People charged defendant with
eight felony counts and alleged multiple sentencing
enhancements and circumstances in aggravation. After months
of pretrial proceedings and discussions with the prosecutor and
the court, defendant entered a guilty plea to one count of
unlawful sexual intercourse with a minor under the age of 16
(§ 261.5, subdivision (d); count 5), and no contest pleas to one
count of kidnapping to commit another crime (§ 209; count 1),
three counts of committing a lewd act upon a child (§ 288,
subdivision (c)(1); counts 2–4), two additional counts of unlawful
sexual intercourse with a minor under the age of 16 (§ 261.5,
subdivision (d); counts 6 & 7), and one count of possession of child
pornography (§ 311.11, subdivision (a); count 8). In connection
with his pleas to one count of committing a lewd act upon a child
(count 2) and one count of unlawful sexual intercourse with a

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minor under the age of 16 (count 5), defendant also admitted the
enhancing allegation that he had personally inflicted great bodily
injury upon the victim, in violation of section 12022.7,
subdivision (a). As to all offenses, defendant further admitted the
aggravating circumstances that he had been convicted of other
crimes for which consecutive sentences could be imposed and that
he had taken advantage of a position of trust in committing his
crimes.
Consistent with its representation that it intended to
impose a sentence of no more than eight years, the court
sentenced defendant to a term of six years in state prison. The
court reached this result by dismissing count one (kidnapping to
commit another crime) pursuant to section 1385, imposing the
upper term of three years on count two (committing a lewd act
upon a child) based on the defendant’s admission regarding the
aggravating circumstances, and adding a consecutive three-year
term for the great bodily injury enhancement pursuant to section
12022.7, subdivision (a). The court noted that the other counts
fell within the same date range as count two, but found it
“clear . . . from having reviewed the materials that they were
separate incidents.” The court imposed concurrent upper term
sentences of three years on counts three and four (committing a
lewd act upon a child), imposed but stayed middle term sentences
of three years on counts five through seven (unlawful sexual
intercourse with a minor under the age of 16) pursuant to section
654, and imposed a concurrent middle term sentence of two years

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on count eight (child pornography). The court also stayed the
three-year enhancement on count five pursuant to section 654.
We have reviewed the record pursuant to Wende. Before
accepting defendant’s pleas and admissions, the trial court
properly advised defendant of his rights, registration
requirements pursuant to section 290, and potential exposure to
deportation and commitment as a sexually violent predator. The
court correctly selected and imposed a sentence that was
consistent with the statutory scheme and its earlier indication.
Having conducted an independent review of the record, we find no
issues requiring further briefing.
DISPOSITION
The judgment is affirmed.

BROWN, P. J.

WE CONCUR:

GOLDMAN, J.
SWEET, J.

People v. Delima (A172914)


Judge of the Superior Court of Marin County, assigned by
the Chief Justice pursuant to article VI, section 6 of the
California Constitution.

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