Opinion
NOT TO BE PUBLISHED
Appeal from the Superior Court of Riverside County, Nos. BAF006416 & RIF150663, Richard Todd Fields, Judge.
Leslie Ann Rose, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
McKinster, J.
I
FACTUAL AND PROCEDURAL HISTORY
There was no preliminary hearing and no probation report.
A. Superior Court Case No. BAF006416
On December 17, 2008, a felony complaint filed in Riverside Superior Court charged defendant and appellant Kameron Cody Jones (defendant) with violating Penal Code sections 261 subdivision (a)(2) and 264.1, unlawful sexual intercourse by force and violence while voluntarily acting in concert with another person and by aiding and abetting (count 1); and section 422, criminal threats (count 2). The complaint specially alleged as to count 1 that defendant entered into an inhabited dwelling house with the intent to commit a violent sex offense specified in section 667.61, subdivision (c), within the meaning of section 667.61, subdivision (d)(4). At the arraignment on December 31, 2008, defendant pled not guilty.
All statutory references are to the Penal Code unless otherwise specified.
B. Superior Court Case No. RIF150663
On June 12, 2009, a felony complaint filed in Riverside Superior Court charged defendant with violating (1) section 266j, offering to provide another person a child under the age of 16 years for purpose of any lewd or lascivious act as defined in section 288 (count 1); (2) section 261.5, subdivision (d), unlawful sexual intercourse with a person under the age of 16 (count 2); and (3) section 311.11, subdivision (a), possession of material depicting a person under the age of 18 engaging in sexual conduct (count 3). At the arraignment on June 15, 2009, defendant pled not guilty.
C. The Plea Agreement
Defendant entered into a negotiated settlement as to both cases on June 17, 2009. In case No. RIF150663, defendant pled guilty to count 3—violation of section 311.11. In exchange, it was agreed that defendant would receive eight months consecutive to the sentence in the other case (which equaled one-third the midterm). In case No. BAF006416, defendant pled guilty to counts 1 and 2, violations of sections 261, subdivision (a)(2), 264.1, and 422. In exchange, the parties agreed that defendant would receive a sentence of nine years eight months, calculated as follows: upper term on count 1, or nine years, plus one-third the midterm on count 2, or eight months. The total sentence for both cases was 10 years four months.
Defendant was immediately sentenced to the agreed-upon term of 10 years four months. The court awarded defendant 188 days of actual credit, plus 28 days of section 2933.1 credit, for a total of 216 days of presentence custody credit. The remaining counts and special allegation were dismissed.
On June 24, 2009, the parties appeared in court regarding a possible plea withdrawal. The parties appeared again in court on June 26, 2009, and requested that the motion be taken off calendar.
On August 13, 2009, a notice of appeal was filed, indicating a challenge to the sentence and to the validity of the plea as grounds for appeal. Defendant’s request for a certificate of probable cause was denied on September 4, 2009.
II
ANALYSIS
After defendant 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 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.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
III
DISPOSITION
The judgment is affirmed.
We concur: Ramirez, P.J., Hollenhorst, J.