Opinion
H025870.
11-10-2003
THE PEOPLE, Plaintiff and Respondent, v. JESUS GARCIA GALVAN, Defendant and Appellant.
Defendant Jesus Garcia Galvan was charged by amended felony complaint with nine counts of lewd conduct on a child under 14 (Pen. Code, § 288, subd. (a)) and one count of forcible lewd conduct (§ 288, subd. (b)(1)). On October 9, 2002, while represented by counsel, defendant entered into a negotiated disposition wherein he pleaded no contest to the charges on condition that he receive no less than 20 years, and no more than 32 years, in state prison. On February 28, 2003, the trial court first heard and denied defendants Marsden motion, and specifically found that defendants plea was knowing and intelligent. It then sentenced defendant to 28 years in state prison.
Further statutory references are to the Penal Code unless otherwise specified.
People v. Marsden (1970) 2 Cal.3d 118.
We appointed counsel to represent the defendant in this court.
Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from defendant.
As defendant waived a preliminary hearing, the facts are taken from the probation report.
Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
The judgment is affirmed.
WE CONCUR: Bamattre-Manoukian, Acting P.J. and Mihara, J.