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People v. Millan

California Court of Appeals, Fourth District, First Division
Nov 27, 2007
No. D050996 (Cal. Ct. App. Nov. 27, 2007)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. LEONARDO GARCIA MILLAN, Defendant and Appellant. D050996 California Court of Appeal, Fourth District, First Division November 27, 2007

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of San Diego County No. SCD203471, Stephanie Sontag, Judge. Affirmed.

McCONNELL, P. J.

Leonardo Garcia Millan entered a negotiated guilty plea to three counts of committing a lewd act by force on a child under 14 years old (Pen. Code, § 288, subd. (b)). The court sentenced him to a stipulated 20-year prison term: the eight-year upper term on one count and the six-year middle term on each remaining count. Millan appeals. We affirm.

BACKGROUND

Millan sexually abused his stepdaughter on three separate occasions using force.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists, as possible but not arguable issues: (1) whether Millan's sentence of three full consecutive terms was unauthorized, where the complaint failed to provide notice of the possibility of full consecutive terms; and (2) whether the court erred by not permitting Millan to withdraw his plea or at least inquiring further to determine whether the plea was voluntary, knowing, and intelligent.

We granted Millan permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Millan has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McDONALD, J., IRION, J.


Summaries of

People v. Millan

California Court of Appeals, Fourth District, First Division
Nov 27, 2007
No. D050996 (Cal. Ct. App. Nov. 27, 2007)
Case details for

People v. Millan

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. LEONARDO GARCIA MILLAN, Defendant…

Court:California Court of Appeals, Fourth District, First Division

Date published: Nov 27, 2007

Citations

No. D050996 (Cal. Ct. App. Nov. 27, 2007)