Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCN228393, Timothy M. Casserly and Daniel B. Goldstein, Judges.
BENKE, Acting P. J.
Moises Arias entered negotiated guilty pleas to four counts of committing a lewd act upon a child (Pen. Code, § 288, subd. (a)). In exchange for the guilty pleas, the prosecution agreed to dismiss 10 other counts of violating Penal Code section 288, subdivision (a) and one count of possessing child pornography. The parties stipulated to a 12-year prison term. The trial court sentenced Arias to 12 years in prison: the middle term of six years on the principal term plus two years (one-third the middle term) for each of the three remaining counts.
The court issued a certificate of probable cause.
FACTS
Between 1998 and 2001, Arias molested two of his nieces numerous times in his Oceanside residence when they visited him from Los Angeles County. The abuse was not reported until September 2006 when the younger girl started "cutting" her arms, became severely depressed and was admitted for psychiatric care. The girl reported the sexual abuse by Arias to hospital staff, who reported it to law enforcement authorities in Los Angeles County. After learning of the abuse allegations from Los Angeles County authorities, the Oceanside Police Department began an investigation and learned that from 1993 through 1998 Arias had molested another niece.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court 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 refers to as possible, but not arguable, issues: (1) whether Arias was sentenced in accordance with his plea bargain; (2) whether Arias's trial counsel provided ineffective assistance of counsel; and (3) whether Arias's guilty pleas were constitutionally valid.
We granted Arias 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 referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Arias on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: McDONALD, J., IRION, J.