Opinion
NOT TO BE PUBLISHED
Santa Cruz County Super. Ct. No. WF00096
McAdams, J.
Defendant Benjamin Bonilla de la Cruz was charged in an amended complaint in Santa Cruz County Superior Court with eight violations of Penal Code section 288, subdivision (a), lewd acts upon a child under the age of 14. Counts 1 through 3 were allegedly committed against Jane Doe #1 between January 1, 2005, and January 1, 2007. Counts 4 through 8 were allegedly committed against Jane Doe #2 between October 25, 1995, and October 24, 2003. Count 4 included an allegation that the statute of limitations had been extended pursuant to section 803, subdivision (f). Count 5 included an allegation of substantial sexual contact pursuant to section 1203.066, subdivision (a)(8). There was also an allegation of multiple victims pursuant to section 667.61, subdivisions (a), (b), and (e) as to each count.
All further statutory references are to the Penal Code.
On February 28, 2008, defendant entered into a plea disposition under which he pleaded guilty to counts 1, 2, and 5 and admitted the substantial sexual conduct allegation with the understanding that the sentence would be between three and 12 years in state prison.
On May 15, 2008, the court sentenced defendant to 10 years in state prison (the midterm of six years on count 1 and one-third the midterm on counts 2, and 5, consecutively). The remaining counts and allegations were dismissed.
Defendant filed a timely notice of appeal, based upon the sentence or other matters occurring after the plea. No certificate of probable cause was requested.
Because defendant entered pleas of guilty, the factual summary is drawn from the probation report and the prosecutor’s statements at the time of the plea.
On September 12, 2007, the mother of Jane Doe #1 reported to the Watsonville Police Department that her young daughter had been sexually molested by defendant approximately two years earlier. Defendant, who rented a room in the family home, had touched Jane Doe #1’s vaginal area over her underwear on two occasions. Defendant admitted the second incident to the victim’s father. Jane Doe #2, defendant’s niece, told police that defendant touched her buttocks, vagina and breasts on top of her clothing more than five times and on one occasion, she awakened to find defendant’s penis in her mouth. Defendant admitted to the police that he inappropriately touched Jane Doe #1 once and Jane Doe #2 10 times, as well as placing his penis “near [Jane] Doe #2’s mouth.”
DISCUSSION
We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues. We have notified defendant of his right to submit written argument in his own behalf within 30 days. The period has elapsed and we have received no written argument from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record, and we have concluded that there is no arguable issue on appeal. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.)
DISPOSITION
The judgment is affirmed.
WE CONCUR: Bamattre-Manoukian, Acting P.J., Mihara, J.