Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CRF072245
SCOTLAND, P. J.
Defendant Albert Shawn Aubuchon appeals from the sentence imposed following his plea of guilty to multiple sex crimes. We shall affirm the judgment.
On April 20, 2007, 12-year-old H.T. met the then 25-year-old defendant when he was picking up one of her friends from school. Over the next few days, she saw him a number of times at her friend’s house. They also went to two Sacramento River Cats baseball games. During the games, he put his arm around her a few times. When H.T.’s mother arrived to pick her daughter up, she saw defendant give H.T. a “full-fledged hug” goodbye. As mother and daughter drove home, H.T. was sending and receiving text messages to and from defendant. Her mother was concerned, so she took H.T.’s phone. Over the next few days, H.T.’s mother, pretending to be her daughter, communicated with defendant through text messages on H.T.’s phone. Among other things, defendant wanted her to “sneak away,” wanted to see her again, and wanted to be her boyfriend. H.T.’s mother called law enforcement.
Defendant continued to send H.T. text messages and voicemail messages, stating he loved her and still wanted to be with her. Working with the district attorney’s office, H.T.’s mother posed as H.T. and sent defendant a text message to arrange a meeting with him at the junior high school. To make the meeting, defendant ran from his apartment to the school. At the school, officers arrested him. When they searched him, they found his cell phone. On the cell phone was a picture of H.T.
Defendant was a registered sex offender. He was registered at one address, but also living at a second address where he was not registered.
Defendant was charged with one count of lewd and lascivious behavior on a minor under 14 and one count of failure to register as a sex offender. He was released from custody after posting bond.
Following a preliminary hearing, an amended information was filed, charging defendant with one count of lewd and lascivious behavior on a minor under 14, one count of failing to register as a sex offender, seven counts of communicating with a minor with intent to commit a sexual offense, and one count of arranging to meet with a minor with the intent to commit a sex offense.
Another victim, 11-year-old E.L., testified at a preliminary examination that she had known defendant for “a long time” and would help him carry his karaoke equipment and put it in his van. During December 2007 (while defendant was released on bail), E.L. was in defendant’s van when he grabbed her arm and would not let go, even after she told him to take his hand off her. She was afraid, because she thought he might hurt her. He unbuttoned her pants and put his hands down her pants under her underwear.
The two cases were consolidated, and an amended information was filed charging defendant with one count of lewd and lascivious behavior on a minor under 14 as to H.T. (count 1), one count of failing to register as a sex offender (count 2), seven counts of communicating with a minor with the intent to commit a sexual offense (counts 3-9), one count of arranging to meet with a minor with the intent to commit a sexual offense (count 10), and one count of lewd and lascivious behavior on a minor under 14 by use of force or violence as to E.L. (count 11). It was further alleged that he had previously been convicted of a sexual offense and was on bail when he committed the offense against E.L.
Pursuant to a plea agreement, defendant pled no contest to counts 1 through 5 and counts 10 and 11. The remaining counts and enhancement allegations were dismissed with a Harvey waiver (Peoplev. Harvey (1979) 25 Cal.3d 754). Defendant agreed to a stipulated sentence of 20 years and 8 months, consisting of eight years for count 1, eight months for count 2, one year each for counts 3, 4, 5, and 10 and eight years for count 11. All the terms were to be served consecutively to each other, with counts 1 and 11 being full consecutive terms.
Defendant later moved to withdraw his plea, claiming neither the court nor counsel had advised him that upon his release from prison, he could be civilly committed under the Sexually Violent Predators Act. The court denied the motion. Sentence was then imposed in accordance with the plea agreement.
Defendant appealed and sought a certificate of probable cause, which was denied. We appointed counsel to represent him on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
The judgment is affirmed.
We concur: SIMS, J., BUTZ, J.