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People v. Hernandez

California Court of Appeals, First District, Fourth Division
Jan 29, 2008
No. A117735 (Cal. Ct. App. Jan. 29, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. LEONIDES IBARRA HERNANDEZ, Defendant and Appellant. A117735 California Court of Appeal, First District, Fourth Division January 29, 2008

NOT TO BE PUBLISHED

Solano County Super. Ct. No. FCR233571

Sepulveda, J.

Defendant appeals from a judgment entered on his plea. His counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.)

Defendant entered a plea of no contest to one count of aggravated sexual assault of a child—oral copulation (Pen. Code, § 269, subd. (a)(4)) and was found guilty by the court of one count of aggravated sexual assault of a child—sodomy (Penal Code, § 269, subd. (a)(3)), after waiving his right to a jury trial. He was sentenced to two consecutive 15 years to life sentences.

The remaining counts (Counts 2-3 and 5-14) were dismissed as part of a negotiated disposition.

The charges arose from defendant’s repeated sexual assault of his goddaughter and her brother over a period of some three to four years, as well as his sexual assault of two foster children that were in his care. When interviewed by the police, defendant admitted sexually assaulting his goddaughter.

As the negotiated disposition occurred prior to defendant’s preliminary hearing, this summary of facts is taken from the probation report.

Defendant was advised of his constitutional rights prior to the entry of his plea, as well as the consequences of his plea. The court found the plea was free and voluntary and that there was a factual basis for the plea. As to the count submitted to the court, defendant was advised of and waived his right to a jury trial. The matter was submitted to the court based upon police reports. Based upon these reports, sufficient evidence supports the trial court’s finding that defendant was guilty of that charge, as alleged. No error appears in the entry of defendant’s plea, in the guilty finding by the trial court, or in the sentencing proceedings. Defendant was represented by counsel at all times. There are no meritorious issues to be argued on appeal.

The judgment is affirmed.

We concur: Reardon, Acting P.J., Rivera, J.


Summaries of

People v. Hernandez

California Court of Appeals, First District, Fourth Division
Jan 29, 2008
No. A117735 (Cal. Ct. App. Jan. 29, 2008)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. LEONIDES IBARRA HERNANDEZ…

Court:California Court of Appeals, First District, Fourth Division

Date published: Jan 29, 2008

Citations

No. A117735 (Cal. Ct. App. Jan. 29, 2008)