Opinion
A120232
4-22-2008
THE PEOPLE, Plaintiff and Respondent, v. CARLOS A. CARDONA, Defendant and Appellant.
NOT TO BE PUBLISHED
Appellant Carlos A. Cardona appeals from a judgment placing him on probation after he pled no contest to a charge of sexual battery. (Pen. Code, § 243.4, subd. (a).) Court-appointed counsel has briefed no issues, but has asked this court to independently review the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm.
I. Facts and Procedural History
In May of 2005, when appellant was 25 years old, he began dating a 15-year-old girl. After a couple of months of dating and consensual sexual intercourse, she became pregnant. Appellant had originally believed her to be 19 years old, but he continued having a sexual relationship with her after learning her true age. In February 2006, the girl gave birth to their child and moved in with appellant, but they broke up later that year and the girl threatened legal action if appellant did not meet his child support obligations. Appellant voluntarily turned himself in to the Santa Rosa Police Department.
After appellant waived his right to a preliminary hearing, the district attorney filed an information charging him with a felony count of unlawful sexual intercourse with a minor under 16 years of age by a person over the age of 21. (§ 261.5, subd. (d).) On September 21, 2007, appellant entered into a negotiated agreement whereby the district attorney would amend the information to add a felony count of sexual battery under section 243.4, subdivision (a) and allow appellant to plead no contest to that charge in exchange for dismissal of the original charge of unlawful intercourse. The parties agreed to this amendment because defense counsel had been advised by an immigration attorney that it would enable appellant to avoid deportation to his native El Salvador and stay in the United States, where he had been a legal resident for over 10 years. After reviewing the written change of plea agreement and securing an oral waiver of appellants constitutional rights, the court accepted the no contest plea to sexual battery and dismissed the unlawful intercourse charge. At sentencing, it placed appellant on probation subject to an eight-month jail term and other conditions, including restitution fines and registration as a sex offender under section 290.
II. Discussion
As required by People v. Kelly (2006) 40 Cal.4th 106, 124, we affirmatively note that appointed counsel has filed a Wende brief raising no issues, that counsel and this court have advised appellant of his right to file a supplemental brief, and that appellant did not file such a brief. We have independently reviewed the entire record for potential error and, as discussed below, find none.
Before he entered his no contest plea, appellant was advised of and waived his right to a jury trial, his right to call witnesses and present a defense during that proceeding, his right to confront the witnesses against him, and his right to refuse to take the stand and incriminate himself. There is nothing in the record to suggest his plea was anything other than knowing and voluntary. (See People v. Allen (1999) 21 Cal.4th 424, 437; People v. Green (2000) 81 Cal.App.4th 463, 466.)
Appellant was advised of his obligation to register as a sex offender under section 290, subdivisions (b) and (c) before entering his plea. (People v. McClellan (1993) 6 Cal.4th 367, 376; In re Birch (1973) 10 Cal.3d 314, 321.) He did not object to that requirement. (McClellan, supra, at p. 377.) He was also advised of possible immigration consequences. (§ 1016.5, subd. (a).) Indeed, it appears that immigration considerations prompted the decision to amend the information to allow a plea to sexual battery rather than unlawful sexual intercourse.
Appellant did not obtain a certificate of probable cause in connection with this appeal. (§ 1237.5.)
The judgment is affirmed.
We concur.
JONES, P. J.
SIMONS, J. --------------- Notes: Statutory references are to the Penal Code.