People v. Contreras-Guitierrez

Full title: THE PEOPLE, Plaintiff and Respondent, v. Cipriano Contreras-Guitierrez…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

Date published: Jan 30, 2017

H043703 (Cal. Ct. App. Jan. 30, 2017)

Opinion

H043703

01-30-2017

THE PEOPLE, Plaintiff and Respondent, v. Cipriano Contreras-Guitierrez, Defendant and Appellant.

ELIA, ACTING P.J.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. C1520620)

Defendant Cipriano Contreras Gutierrez appeals from a judgment entered upon his conviction by plea of no contest to sexual battery, in violation of Penal Code sections 242 and 243.4, subdivision (a).¹ In exchange for his plea, two additional counts (assault with intent to commit a felony against a victim under 18 years of age (§ 288, subd. (c), and lewd act on a child 14 or 15 years old, § 288, subd. (c)(1)) were dismissed at sentencing.² Imposition of sentence was suspended, and defendant was placed on formal probation for three years under specified conditions, including service of a county jail term of 360 days, payment of various fines and fees, refraining from the knowing possession and consumption of alcohol, registration as a sex offender, and forgoing a residence where children lived and employment involving supervision of children. He was also ordered to stay 300 yards away from the minor victim. Defendant filed a timely notice of appeal.

1 All further statutory references are to the Penal Code.

2 The record does not indicate the factual basis of the plea, other than the allegation in the complaint that defendant touched the breast of a girl under 18 years old. --------

Appointed appellate counsel has filed an opening brief that states the factual and procedural history of the case but raises no issues. We notified defendant of his right to submit written argument on his own behalf within 30 days. That 30-day period has elapsed and we have received no response from defendant. 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.

/s/_________

ELIA, ACTING P.J. WE CONCUR: /s/_________
BAMATTRE-MANOUKIAN, J. /s/_________
MIHARA, J.