Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Santa Clara County Super.Ct.No. CC754096
Duffy, J.
Defendant Daniel B. Garcia appeals from a judgment of conviction entered after he pleaded guilty to one count of continuous sexual abuse of a child under the age of 14 (Pen. Code, § 288.5, subd. (a)), and two counts of committing a lewd and lascivious act upon a child under the age of 14 by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury (Pen. Code, § 288, subd. (b)(1)). On October 4, 2007, the trial court sentenced defendant to a term of 15 years in state prison.
Defendant filed a timely notice of appeal challenging the validity of the plea. An amended notice of appeal alleged that the court had committed sentencing error.
The facts are taken from the preliminary hearing testimony and the Summary of Offense in the probation report.
The victim is defendant’s stepdaughter. In May 2006, when she was 12 years old, she reported to police that defendant orally copulated her approximately 20 times when she was between 5 and 11 years old. The last act was in July 2005. Defendant told her not to tell anyone or he would go to prison for a long time and he would be away from her brothers.
Defendant admitted to police that he molested the victim on one occasion.
ENTRY OF PLEAS AND SENTENCING
Defendant entered pleas of guilty with the understanding that he would be sentenced to 16 years in state prison. At the sentencing hearing, the trial court advised defendant that “[t]he closest lawful sentence” would be 15 years, and the prosecutor was willing to recommend a 15-year term if defendant waived 307 days of credit. Defendant agreed, and the trial court imposed a 15-year term in the state prison with no credits.
DISCUSSION
We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues. We have notified defendant of his right to submit written argument on his own behalf within 30 days. That period has elapsed and we have received no written argument from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and we have concluded that there are no arguable issues on appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: Mihara, Acting P.J., McAdams, J.