Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. EE806643.
Premo, J.
Pursuant to a negotiated plea agreement, defendant Gabriel Renteria Alarcon pleaded no contest to one count of intercourse with a child 10 years of age or younger. (Pen. Code, § 288.7.) The trial court sentenced defendant to prison for 25 years to life. We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. Defendant has submitted two letters, which we have read and considered.
Further unspecified section references are to the Penal Code.
I. Facts
On July 24, 2008, Sunnyvale police officers responded to a report of possible child abuse at the home where defendant lived with his wife and three children. The victim, defendant’s four-year-old daughter, reported that defendant had touched her “butt.” After further questioning by police at the police station, the victim stated that defendant had also touched her vaginal area with his hand and his penis. Defendant was arrested at his home on July 25, 2008, at approximately 1:05 a.m. During an interrogation that morning at approximately 9:42 a.m., defendant admitted to penetrating the victim’s vagina with his penis and his finger. Since defendant speaks only Spanish, the interrogation was conducted in Spanish. Defendant was assisted by a Spanish interpreter throughout the subsequent proceedings.
An amended information charged defendant with one count of sexual penetration of a child 10 years of age or younger (§ 288.7, subd. (b), count 1), one count of sexual intercourse with a child 10 years of age or younger (id. subd. (a), count 2), and one count of lewd or lascivious acts on a child under the age of 14 (§ 288, subd. (a), count 3). The matter was set for trial on February 8, 2010. Defendant moved to suppress his confession on the ground it was coerced. He also moved to have the victim found incompetent to testify and to exclude her out of court statements. The motions were denied. A jury was selected and sworn.
On February 18, 2010, before the evidentiary phase of the trial began, the parties entered into a negotiated agreement pursuant to which defendant agreed to plead no contest to count 2 in exchange for dismissal of the two other counts. During the change of plea hearing, defendant’s attorney asked the court if it could eliminate the “life” portion of the sentence but the court explained that it could not do that. The court went on to inquire of defendant as to his understanding of the agreement and defendant stated that he did not understand “no contest” or what it meant to incriminate himself. Defendant was allowed time to confer with counsel, after which he expressed his understanding of the plea agreement and the rights he was giving up. The trial court accepted the plea.
On May 13, 2010, defendant obtained a new attorney and filed a motion to withdraw his plea. He maintained that he thought that a plea of “no contest” would result in a sentence that did not include an indeterminate life term and that he had been pressured into taking the plea. The trial court conducted an evidentiary hearing, taking testimony from the interpreter who interpreted the discussions between defendant and his trial attorney, defendant’s trial attorney, the probation officer who interviewed defendant after he entered his no contest plea, and from defendant. The trial court denied the motion to withdraw the plea and sentenced defendant to the term provided by law.
The court granted defendant a certificate of probable cause. (§ 1237.5.) This appeal followed.
II. Discussion
We have reviewed the whole record pursuant to People v. Wende (1979) 25 Cal.3d 436and People v. Kelly (2006) 40 Cal.4th 106. Having done so, we conclude that there is no arguable issue on appeal.
III. Disposition
The judgment is affirmed.
WE CONCUR: Rushing, P.J., Elia, J.