Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. SWF013434, William R. Bailey, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)
Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
McKinster J.
Defendant appeals from his conviction by jury of one count of Penal Code section 288, subdivision (a).
STATEMENT OF THE CASE
Defendant was charged in an information with one count of lewd and lascivious conduct with a child under the age of 14 years (Pen. Code, § 288, subd. (a)). Jury trial began on April 16, 2007, and on April 20, 2007, the jury returned a guilty verdict.
Defendant failed to appear at his initial sentencing date, and a warrant issued for his arrest. He was extradited from Colorado. On June 11, 2008, the court sentenced defendant to the midterm of six years and awarded the correct amount of custody credits.
On June 13, 2008, defendant filed his notice of appeal.
FACTS
The victim testified that when she was 10 years old, she spent the night at her aunt’s home. She awoke in the morning because defendant, her aunt’s boyfriend, was touching her vulva in a circular motion under her underwear. She told her then-nine-year-old cousin, Rebecca, what occurred about five minutes after it happened.
Rebecca testified that the victim did tell her what occurred, but later in the day the victim told her that she was lying. Rebecca told her mother, the victim’s aunt, that the victim had reported that defendant had touched her privates. The victim’s aunt was very upset and called defendant in and confronted defendant in the presence of the victim. The aunt ordered him out of the house.
The aunt did not tell the victim’s caretaker, the aunt’s sister who the victim called “grandmother.” The victim testified that her aunt asked her if she “[c]ould . . . wait a while” before telling the victim’s grandmother so she did not tell her. The aunt and defendant have a child together.
The molestation was not reported immediately to the grandmother or authorities. Many weeks after it happened, the victim told her father that she had been molested.
The defendant testified that he had not molested the victim.
DISCUSSION
Defendant has appealed, and at his request we appointed counsel to represent him. Counsel has filed a brief under authority of People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a statement of facts, a suggested potential issue on appeal and asking this court to undertake an independent review of the entire record.
We provided defendant with an opportunity to file a personal supplemental brief, but he has not done so.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: Ramirez P.J., Hollenhorst, J.