Opinion
H044714
02-20-2018
THE PEOPLE, Plaintiff and Respondent, v. RJ XAVIER GARRETT, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. C1652360)
I. INTRODUCTION
Defendant RJ Xavier Garrett was placed on probation after he pleaded no contest to felony false imprisonment (Pen. Code, §§ 236, 237, subd. (a)) and misdemeanor sexual battery (§ 243.4). Defendant was ordered to serve one year in the county jail, to register as a sex offender (§ 290), and to comply with sex offender probation conditions, including electronic monitoring (§ 1202.8, subd. (b)).
All further statutory references are to the Penal Code.
On appeal, defendant's appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts, but raises no issue. We 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.
This court sent letters to defendant at two different addresses. Both letters were returned to this court marked undeliverable. Despite reasonable attempts, this court has been unable to ascertain a current address for defendant. --------
Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record, keeping in mind that our review is limited to grounds for appeal that occurred after entry of defendant's no contest plea and do not affect the plea's validity. (Cal. Rules of Court, rule 8.304(b)(1), (b)(4)(B).) We agree with defendant's appellate counsel that there is no arguable issue on appeal. Therefore, we will affirm the order of probation.
II. FACTUAL AND PROCEDURAL BACKGROUND
Following the California Supreme Court's direction in Kelly, supra, 40 Cal.4th at page 110, we provide a brief description of the facts and the procedural history of the case.
On November 22, 2016, at about 8:00 p.m., defendant cornered a woman in the laundry room of an apartment building. Defendant grabbed the woman by the shoulders, caressed her, and said he wanted to "hug, touch and 'fuck' her." The woman escaped to her apartment, but defendant soon knocked on her door. The woman refused to open her door. Defendant returned and knocked again early the next morning, but the woman again refused to open the door.
Defendant was originally charged with assault with intent to commit rape (§ 220, subd. (a)). As part of a plea bargain, the prosecution added a count of felony false imprisonment (§§ 236, 237, subd. (a)) and a count of misdemeanor sexual battery (§ 243.4), to which defendant pleaded no contest, with the understanding that the assault count would be dismissed.
At the April 25, 2017 sentencing hearing, the trial court dismissed the assault count, suspended imposition of sentence, and placed defendant on probation. Defendant was ordered to serve one year in the county jail, to register as a sex offender (§ 290), and to comply with sex offender probation conditions, including electronic monitoring (§ 1202.8, subd. (b)).
III. DISCUSSION
Having carefully reviewed the entire record, we conclude that there are no arguable issues on appeal. (Wende, supra, 25 Cal.3d at pp. 441-443.)
IV. DISPOSITION
The order of probation is affirmed.
/s/_________
BAMATTRE-MANOUKIAN, J. WE CONCUR: /s/_________
ELIA, ACTING P.J. /s/_________
MIHARA, J.