People v. Gomez

Full title: THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ANGELO GOMEZ, Defendant…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

Date published: Dec 17, 2012

2d Crim. No. B241566 (Cal. Ct. App. Dec. 17, 2012)

Opinion

2d Crim. No. B241566

12-17-2012

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ANGELO GOMEZ, Defendant and Appellant.

California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, for Appellant. No appearance for Respondent.

PERREN

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Super. Ct. No. F459743)

(San Luis Obispo County)

Michael Angelo Gomez appeals the judgment entered after he pleaded no contest to lewd conduct with a child under the age of 10 (Pen. Code, § 288.7). The trial court sentenced him to the upper term of eight years in state prison.

Appellant sexually molested his girlfriend's granddaughter on numerous occasions when the child was 4 and 5 years old. Appellant had sexual intercourse with the victim and sodomized and orally copulated her. He also made her orally copulate and masturbate him. When interviewed at the county jail after his arrest, appellant stated that the victim "asked me to do those things to her."

We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, counsel filed a brief raising no issues.

On September 13, 2012, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. No response has been received.

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 125-126.)

The judgment is affirmed.

NOT TO BE PUBLISHED.

PERREN, J. We concur:

GILBERT, P. J.

YEGAN, J.

Jacquelyn H. Duffy, Judge

Superior Court County of San Luis Obispo

California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, for Appellant.

No appearance for Respondent.