People v. Sutton

Full title: THE PEOPLE, Plaintiff and Respondent, v. STEVEN ROBERT SUTTON, Defendant…

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

Date published: Sep 25, 2007

No. D050356 (Cal. Ct. App. Sep. 25, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. STEVEN ROBERT SUTTON, Defendant and Appellant. D050356 California Court of Appeal, Fourth District, First Division September 25, 2007

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. 195321, Timothy R. Walsh, Judge.

HUFFMAN, J.

Steven Robert Sutton entered a negotiated guilty plea to two counts of committing a lewd act upon a child (Pen. Code,¹ § 288, subd. (a)) with substantial sexual conduct (§ 1203.066, subd. (a)(8)) and three counts of child abuse (§ 273a, subd. (a)).² The court sentenced him to a stipulated 12-year prison term: the six-year middle term for one count of a lewd act upon a child, two years (one-third the middle term) for the remaining count of a lewd act upon a child, and 16 months (one-third the middle term) for each count of child abuse. Sutton appeals. We affirm.

1 All further statutory references are to the Penal Code.

2 Sutton initially entered a negotiated guilty plea to two counts of committing a lewd act upon a child with substantial sexual conduct and a stipulated 12-year sentence. After that plea, it became clear that a 12-year sentence on those counts was not possible, so the plea was withdrawn, an amended information was filed, and the above plea agreement was entered into.

BACKGROUND

Sutton unlawfully and willfully committed a lewd act on each of his twin stepdaughters when they were under the age of 14, with the intent of arousing his sexual desires, and had substantial sexual conduct with them. He unlawfully and willfully caused one of the stepdaughters to suffer unjustifiable pain or mental anguish on one occasion, and caused the other stepdaughter to suffer unjustifiable pain or mental anguish on two occasions.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. She 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 and Anders v. California (1967) 386 U.S. 738.

We granted Sutton 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, has disclosed no reasonably arguable appellate issues. Sutton has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J. O'ROURKE, J.