Opinion
F086399
11-30-2023
THE PEOPLE, Plaintiff and Respondent, v. DANIEL ARTHUR BADGETT, Defendant and Appellant.
Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County No. BF189782A. J. Eric Bradshaw, Judge.
Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
THE COURT [*]
STATEMENT OF APPEALABILITY
This is an appeal after no contest pleas and sentencing and finally disposes of all issues between the parties. (Cal. Rules of Court, rule 8.204(a)(2)(B); Pen. Code, § 1237, subd. (b).)
All references to rules are to the California Rules of Court.
All statutory references are to the Penal Code.
STATEMENT OF THE CASE
On September 22, 2022, Badgett was charged in an information with five counts of committing a lewd and lascivious act upon the body of a child under the age of 14 years. (§ 288, subd. (a); counts 1-5.) As to each count it was alleged that Badgett engaged in substantial sexual conduct with the victim when he/she was under 14 years of age (§ 1203.066, subd. (a)(8)), that the victim was particularly vulnerable (rule 4.421(a)(3)), and that Badgett took advantage of a position of trust or confidence to commit the crimes (rule 4.421(a)(11)).
On September 29, 2022, Badgett entered a plea of not guilty to all of the counts and denied all of the allegations. On January 25, 2023, Badgett filed a motion to dismiss on due process grounds and non-statutory grounds; on March 8, 2023, the motion was heard and denied.
On March 28, 2023, the prosecution amended the information to add two additional counts - residential burglary (§ 460, subd. (a); count 6) and unlawful sexual intercourse (§ 261.5, subd. (c); count 7). Badgett pleaded no contest to counts 6 and 7. Under the terms of the plea, Badgett would serve two years in prison - the low term of two years on count 6 and a concurrent middle term of two years on count 7. There was a stipulated factual basis for Badgett's plea. The remaining counts were dismissed.
At the April 26, 2023, sentencing hearing, the trial court imposed the promised terms as well as the following fines and fees: a $10 crime prevention fee, an $80 court security fee, a $60 conviction assessment, and a $300 restitution fine, plus a matching, suspended, parole revocation fine. A 10-year protective order was also imposed and victim restitution was ordered in an amount to be determined by the probation department.
On June 8, 2023, Badgett filed a timely notice of appeal. A certificate of probable cause was granted.
The facts are drawn from the report of the probation officer. There are no specific facts in the record to support the residential burglary charge (§ 460, subd. (a)), but there was a stipulated factual basis for the plea.
On April 21, 2009, R.P. (mother) called police and reported that her 13-year-old daughter had revealed in a counseling session she had been having sex with Badgett, who was 19 years old. He was living with the family, and he and the victim had sex more than ten times.
APPELLATE COURT REVIEW
Badgett's appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues, and requests this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also includes the declaration of appellate counsel indicating Badgett was advised he could file his own brief with this court. By letter on September 7, 2023, we invited Badgett to submit additional briefing. To date, he has not done so.
Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to Badgett.
DISPOSITION
The judgment is affirmed.
[*] Before Levy, Acting P. J., Smith, J. and Snauffer, J.