Opinion
A158827
04-14-2020
THE PEOPLE, Plaintiff and Respondent, v. JAMES AARON HEARN, JR., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Humboldt County Super. Ct. No. CR1901361)
Following defendant's plea of guilty to three counts of lewd acts upon a child under 14 years, the trial court sentenced him to 12 years in state prison. We affirm.
Over a 10-year period, defendant inappropriately touched his fiancée's daughter and two of her neighborhood friends. According to the probation report, the victims recounted defendant touched them through their clothing, including "lifting them by the crotch and 'weird' touches on the buttocks," "grinding his pelvis against" one victim's crotch, and "humping" another victim's buttocks.
In a first amended information, defendant was charged with three counts of lewd acts upon a child under the age of 14 (Pen. Code, § 288, subd. (a)), along with an aggravating enhancement (§ 667.61, subd. (j)(2)).
All statutory references are to the Penal Code. --------
Pursuant to a plea agreement, defendant pled guilty to all three counts with an agreed upon sentence of 12 years and dismissal of the enhancement. He completed a waiver of rights form. At the time of the entry of his pleas, the court inquired and defendant stated he had received adequate time to consult with counsel, understood all the rights he was giving up, wished to waive those rights, and understood the consequences of his pleas. Defendant also indicated he had not been threatened and was entering the pleas freely and voluntarily.
At sentencing, the court sentenced defendant to the agreed upon sentence of the upper term of eight years on count 1, and one-third the midterm of two years each on counts 2 and 3, for a total of 12 years. Finding defendant was "healthy and capable of employment," the court imposed a restitution fine of $3,600, pursuant to section 1202.4, subdivision (b). The court found, however, defendant did not have the ability to reimburse the county for the costs of the booking fee, court-appointed counsel, nor for the probation investigation fee in part to reserve jurisdiction over victim restitution in the event any such claims were submitted.
Defendant filed a timely appeal challenging the sentence and other matters occurring after the plea.
Defendant's counsel has filed a brief setting forth the facts of the case but advising the court under the authority of People v. Wende (1979) 25 Cal.3d 436, no issues were found to argue on defendant's behalf. Defendant has been notified by his counsel he had 30 days to file a supplemental brief with the court. No supplemental brief has been received.
Pursuant to People v. Kelly (2006) 40 Cal.4th 106, we have examined the entire record to see if any arguable issue is present. We have found none.
Defendant was ably represented by counsel throughout the proceedings.
The trial court sentenced defendant to the agreed upon disposition of 12 years in state prison.
We therefore agree with defendant's counsel that no issues are present undermining defendant's sentence.
Accordingly, the judgment is affirmed.
/s/_________
Margulies, J. We concur: /s/_________
Humes, P. J. /s/_________
Sanchez, J.