Opinion
C082937
03-27-2017
THE PEOPLE, Plaintiff and Respondent, v. DOUGLAS SHANE BROWN, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 62136632)
Appointed counsel for defendant Douglas Shane Brown has filed an opening brief that sets forth the facts of the case and asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
Between June 2009 and July 2010, defendant engaged in three or more acts of substantial sexual conduct, including sodomy, sexual intercourse, and fondling that included penetration, with the victim who was under the age of 14 years old. An amended felony complaint charged defendant with continuous sexual abuse of a child between June 1, 2009, and July 31, 2010, (Pen. Code, § 288.5, subd. (a)—count one) and two counts of lewd and lascivious acts with a child under 14 years of age (§ 288, subd. (a)—counts two & three). Defendant pleaded no contest to all three counts in exchange for a stipulated sentence of 10 years in state prison.
Undesignated statutory references are to the Penal Code. --------
In accordance with the plea, the trial court sentenced defendant to an aggregate term of 10 years, consisting of: the lower term of six years on count one and two consecutive subordinate terms of two years each (one-third the midterms of six years) on counts two and three. Defendant waived any irregularities in the plea, and his right to appeal the imposition of consecutive sentences on counts two and three. The trial court imposed a $300 restitution fine (§ 1202.4, subd. (b)) and imposed, and suspended, a matching parole revocation fine (§ 1202.45), a $120 court operations assessment (§ 1465.8, subd. (a)(1)), a $90 criminal conviction assessment (Gov. Code, § 70373), and a presentence report fee of $350. The trial court awarded defendant 614 days of presentence custody credit. Defendant did not seek a certificate of probable cause.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days from the date the opening brief was filed. To date, defendant has not filed a supplemental brief. Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant. Consequently, we affirm the judgment. (Id. at p. 443.)
DISPOSITION
The judgment is affirmed.
RAYE, P. J. We concur: BLEASE, J. MURRAY, J.