Opinion
G044986 Super. Ct. No. 08HF0747
11-28-2011
THE PEOPLE, Plaintiff and Respondent, v. RONALD JAMES GRUBBS II, Defendant and Appellant.
Martin Kassman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
Appeal from a judgment of the Superior Court of Orange County, Derek Guy Johnson, Judge. Affirmed.
Martin Kassman, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Ronald James Grubbs II pleaded guilty to performing a forcible lewd act on a child under age 14 (Pen. Code, § 288, subd. (b)(1)). A third felony against him was dismissed. He executed a Tahl (In re Tahl (1969) 1 Cal.3d 122) form (advisement of rights and waiver) admitting the charges and an enhancement alleging both counts involved substantial sexual conduct with a child under the age of 11 years. The form indicated that upon acceptance of his plea, he would be sentenced to 16 years in prison. Grubbs orally waived his rights and pled guilty. At his sentencing hearing, the court imposed the 16-year sentence.
Grubbs subsequently filed a notice of appeal and requested a certificate of probable cause. The request was denied.
We appointed counsel to represent Grubbs. Counsel filed a brief setting forth a statement of the case. He did not argue against his client, but advised this court he had been unable to find any issues to argue on appeal. We provided Grubbs 30 days to suggest issues to us and/or file a written argument of his own. That period has now passed, and we have received no communication from him. We have conducted an independent review of our own as prescribed by People v. Wende (1979) 25 Cal.3d 436, but have been unable to identify a plausible issue. We therefore affirm.
Without a certificate of probable cause, there is no issue that could be raised as to the facts supporting the conviction. Grubbs admitted he committed two separate lewd and lascivious acts upon a four-year-old girl, both touching her vagina and having her put her mouth on his penis, and that he accomplished these acts by force, fear, and duress.
We are unable to find any infirmity in the postconviction proceedings pertaining to Grubbs. Appellate counsel considered appealing on the basis that allowing the victim's mother to give her victim statement off the record might be a denial of due process. But the court had already indicated it intended to sentence defendant to 16 years in prison, so whatever was said in the victim statement had no effect on Grubbs' sentence. While State v. Landry (La. 1999) 751 So.2d 214 reversed a conviction because of an inadequate appellate record, including the fact the victim statement was not provided, there were other things not provided in that case, and the court never suggested the lack of a victim statement alone was enough of a failure to impair appellant's rights. No California case has so held and we do not see, under the facts of this case, how it could be the first one.
Nor do we see any other issue that would support an appeal. Grubb was carefully advised of his rights and waived them orally and in writing. The nature of the offense was spelled out in plain language and was easily understandable. There is nothing to suggest Grubbs' trial or appellate counsel failed him in any way. The judgment is affirmed.
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BEDSWORTH, J.
WE CONCUR:
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RYLAARSDAM, ACTING P. J.
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FYBEL, J.