Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County. Ct.No. RIF133865 Janice McIntyre, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)
Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
HOLLENHORST Acting P.J.
Defendant and appellant Joshua Morgan Earp was charged with committing a lewd and lascivious act upon a child under the age of 16 years and more than 10 years younger than him (Pen. Code, § 288, subd. (c) , count 1), statutory rape (§ 261.5, subd. (d), count 2), possession of marijuana (Health & Saf. Code, § 11357, subd. (c), count 3), and contributing to the delinquency of a minor. (§ 272, subd. (a)(1).) Defendant entered a plea agreement and pled guilty to all four counts. In exchange, the court sentenced defendant to a total term of two years and dismissed count 4. Defendant filed a notice of appeal “based on the sentence or other matters occurring after the plea.”
All further statutory references will be to the Penal Code, unless otherwise noted.
FACTUAL AND PROCEDURAL BACKGROUND
The statement of facts is taken from the probation report.
A police officer contacted defendant, when he observed defendant’s car stopped on the side of the road. Defendant, who was 28 years old at the time, was in the driver’s seat, and the victim, who was 14 years old at the time, was in the passenger seat. Two other minor girls were in the back seat. Defendant told the officer he was having car trouble. The three girls indicated that they were friends of defendant. While waiting for a tow truck, the victim told the officer that she had consensual sex with defendant two days earlier. Defendant told the police that he had known the victim for over three years and admitted that he inserted his finger in her vagina and had sex with her. Defendant further admitted he was aware the victim was a minor and that he knew what he was doing was wrong. The police found marijuana under the driver’s seat of defendant’s car.
Defendant pled guilty to all four counts. The parties stipulated to a factual basis for the plea. The court ordered a psychological assessment to be performed to determine whether to grant or deny probation. The doctor who evaluated defendant stated that defendant had no virtually remorse for his acts and no insight regarding the inappropriateness of his conduct with the victim. The doctor specifically noted that defendant considered the incident of sexual intercourse a positive experience for the victim. The doctor concluded that defendant represented a risk toward engaging in the same conduct in the future, and, thus, recommended a substantial period of incarceration for him.
DISCUSSION
Dependant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: GAUT J., MILLER J.