Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Marin County Super. Ct. No. SC153906
Siggins, J.
Aaron Clark Gaffney appeals following his guilty plea to one count of rape by a foreign object. Counsel has briefed no issues and asks for our review of the record of the proceedings. (People v. Wende (1979) 25 Cal.3d 436.) Gaffney has not filed a supplemental brief. We have reviewed the record and affirm.
According to the Marin County Probation Department’s presentencing report, Gaffney reported to police that he molested his 15-year-old developmentally disabled goddaughter while she was a guest in his home. He told police that he fondled her breasts and vagina and may have placed the tip of his finger inside her vagina. Gaffney decided to report his actions because he believed the victim was going to disclose the incident to her therapist. He also claimed the victim “had repeatedly been flirtatious with him.”
An amended complaint charged Gaffney with one count of rape by a foreign object, and two counts of lewd and lascivious acts on a child. Gaffney pled guilty to rape by a foreign object, and the remaining counts were dismissed with a waiver made pursuant to People v. Harvey (1979) 25 Cal.3d 754. Under the terms of his plea, Gaffney could receive up to eight years in prison. If Gaffney were granted probation, he could spend up to a year in county jail.
The probation department recommended probation. The victim’s mother was present at sentencing and told the court Gaffney was particularly culpable because he knew that her daughter had suffered a mental breakdown due to a previous (unrelated) incident of sexual abuse. She asked the court “to send a strong message to the community to say it’s not okay . . . to abuse mentally retarded children.” The court ordered that Gaffney undergo a diagnostic evaluation pursuant to Penal Code section 1203.03, and the report of that evaluation also recommended probation.
Gaffney and his wife claimed that he did not know of the prior molestation until after his arrest in this case.
The court imposed a mid-term six year suspended sentence to state prison, placed Gaffney on five years’ supervised probation, and ordered him to serve a year in county jail as a condition of probation. Gaffney timely appealed.
This court granted Gaffney’s request to augment the record with a psychological report submitted to the trial court in support of Gaffney’s application for probation.
Gaffney was represented by counsel at all stages of the proceedings. He was advised of his rights and of the consequences of his plea. There was no error in the sentence imposed. Appellate counsel advised Gaffney of his right to file a supplemental brief in this court within 30 days of the opening brief, but no supplemental brief has been filed. Full review of the record reveals no issue that requires further briefing.
DISPOSITION
The judgment is affirmed.
We concur: McGuiness, P.J., Pollak, J.