Opinion
A168359
12-19-2023
THE PEOPLE, Plaintiff and Respondent, v. RYAN LEE GEHR, Defendant and Respondent.
NOT TO BE PUBLISHED
(Del Norte County Super. Ct. No. CRF 22-9325)
GOLDMAN, J.
Ryan Lee Gehr appeals from his sentence following his plea of guilty to violating Penal Code section 261.5, subdivision (d) and section 273.5, subdivision (a), along with a prior strike pursuant to sections 1170.12, subdivision (c)(1) and 667, subdivision (e)(1). His appointed appellate counsel filed a brief seeking our independent review of the record for arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel informed Gehr of his right to file a supplemental brief on his own behalf, which he has not done. We have conducted a review pursuant to Wende and find no arguable issues. Accordingly, we affirm.
Undesignated statutory references are to the Penal Code.
BACKGROUND
Gehr was charged by information for, among other things, unlawful sexual intercourse with a minor in violation of section 261.5, subdivision (d), and willful infliction of corporal injury on a cohabitant pursuant to section 273.5, subdivision (a). The charges arose from two separate incidents. In the first incident, Gehr, then 28 years old, met a 15-year-old girl. He befriended her and later that night or early the next morning had sexual intercourse with her. In the second incident, Gehr and his partner began arguing in their shared home. Gehr restrained and choked his partner, causing her to become dizzy and have blurred vision, and later to have ongoing pain in various parts of her body.
Gehr ultimately pled guilty to both counts in addition to a prior felony strike pursuant to section 1170.12(c)(1), relating to his 2018 conviction for burglary. The parties agreed to an aggregate six-year sentence and the People agreed to drop the remaining counts charged in the information. The plea left to the trial court's discretion whether to order Gehr to register as a sex offender, as well as any fines, fees, and restitution he would be required to pay.
At the sentencing hearing, the court heard argument from the parties and then imposed the agreed-upon six-year sentence. Gehr's counsel declined a hearing pursuant to People v. Duenas (2019) 30 Cal.App.5th 1157, but asked the court to impose the minimum fines. The court agreed and imposed the minimum $300 restitution fines, plus $80 and $60 court operations and conviction assessments, respectively, but reserved jurisdiction as to victim restitution. The court ordered that Gehr would receive 812 days in custody credits and that he would be placed on parole for three years following his prison term. Defense counsel objected to any registration requirement pursuant to section 290.006, but if the court was inclined to impose a registration requirement, asked that it impose the minimum 10-year term. The court ordered Gehr to register as a sex offender for 10 years, finding pursuant to section 290.006 that Gehr committed the section 261.5 offense as a result of sexual compulsion and for sexual gratification. (See § 290.006, subd. (a).) The court also ordered Gehr to provide DNA and fingerprint samples and to submit to AIDS testing.
Gehr filed a notice of appeal but did not request or obtain a certificate of probable cause. (See § 1237.5; Cal. Rules of Court, rule 8.304(b) (Rule 8.304).) He indicated on his notice of appeal that the "appeal [wa]s based on the sentence or other matters occurring after the plea that do not affect the validity of the plea" pursuant to Rule 8.304(b).
DISCUSSION
Gehr appeals from his sentence and/or other matters that occurred after the entry of his plea. (See § 1237, subd. (a); Rule 8.304(b)(2)(B).) We are satisfied that Gehr's appellate attorney fully complied with counsel's responsibilities. (Wende, supra, 25 Cal.3d at p. 443.)
Having independently reviewed the record, we have found no arguable issues. The trial court made the requisite section 290.006 findings to order Gehr to register as a sex offender. Those findings were well supported and the underlying facts undisputed; the parties agreed the court had discretion to require Gehr to register pursuant to sections 290 and 290.006; and the court ordered Gehr to register for the minimum 10-year term, consistent with defense counsel's request. The court had statutory authority to impose all fines, fees, and restitution amounts. (§§ 1202.4, 1202.45, 1465.8; Gov. Code § 70373.) Defense counsel declined a Duenas hearing and the court imposed the minimum restitution fines as requested. The court's rulings as to custody credits, parole, DNA samples, and AIDS testing were authorized and entered without objection. (§§ 296, 1202.1, 3000, subd. (b)(2)(B), 4019.)
DISPOSITION
The judgment is affirmed.
WE CONCUR: STREETER, Acting P. J., HIRAMOTO, J. [*]
[*] Judge of the Superior Court of California, County of Contra Costa, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.