Opinion
H049890
02-29-2024
THE PEOPLE, Plaintiff and Respondent, v. TACUMA BASHIR, Defendant and Appellant.
NOT TO BE PUBLISHED
(Santa Clara County Super. Ct. No. C2012043)
Greenwood, P. J.
Defendant Tacuma Bashir pleaded no contest to sexual penetration by means of force, violence, duress, menace, or fear of bodily injury. The trial court imposed a total term of eight years in state prison.
We appointed counsel, who filed an opening brief stating the case and the facts but raising no specific issues. We notified Bashir of her right to submit written argument on her own behalf within 30 days, and we received no response.
We have reviewed the entire record under People v. Wende (1979) 25 Cal.3d 436 (Wende). (See also People v. Kelly (2006) 40 Cal.4th 106 (Kelly).) We conclude there is no arguable issue and we will affirm the judgment.
I. Background
The facts of the offenses do not appear in the record. The prosecution filed a complaint charging Bashir with four counts: count 1-sexual penetration by force, violence, duress, menace, or fear of bodily injury (Pen. Code, § 289, subd. (a)(1)(A)); count 2-sexual penetration where the victim was unconscious of the nature of the act (§ 289, subd. (d)); count 3-kidnapping to commit rape or sexual penetration in concert (§ 209, subd. (b)(1)); and count 4-resisting or deterring an executive officer by means of threats or violence (§ 69, subd. (a)). The prosecution further alleged Bashir was on felony probation at the time of the offenses. (§ 1203, subd. (k).)
Subsequent undesignated statutory references are to the Penal Code.
Bashir entered an agreement to plead no contest to count one in exchange for a maximum sentence of eight years in prison and the dismissal of the remaining counts. Before the sentencing hearing, Bashir filed a written motion to correct the Static-99 assessment in the probation report based on alleged inaccuracies in the scoring. Bashir sought a reduction in the Static-99 score from four points to two or three points. On March 16, 2022, the trial court denied the motion and sentenced Bashir to eight years in prison, the upper term under subdivision (a)(1)(A) of section 289. The court dismissed the remaining courts and allegation.
On March 28, 2022, the trial court resentenced Bashir under former section 1170, subdivision (d). Bashir again requested a reduction in the Static-99 score on the grounds that the probation officer had inaccurately assessed Bashir's status. The trial court denied the request and again imposed a total term of eight years in prison.
Bashir timely appealed.
II. Discussion
We have reviewed the entire record under Wende, supra, 25 Cal.3d 436, and Kelly, supra, 40 Cal.4th 106. We find no arguable issue on appeal, and we conclude appellate counsel has fully complied with her responsibilities. (Wende, at p. 441.)
Accordingly, we will affirm the judgment.
III. Disposition
The judgment is affirmed.
WE CONCUR: Bamattre-Manoukian, J. Wilson, J.