Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County No. F07903184, W. Kent Hamlin, Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Gomes, Acting P.J., Dawson, J. and Kane, J.
PROCEDURAL HISTORY
On July 2, 2007, a nine-count information was filed alleging continual sexual abuse of a child (Pen. Code, § 288.5, subd. (a); count 1), aggravated sexual assault of a child (§ 269, subd. (a)(1); counts 2 and 9), and lewd and lascivious act upon a child (§ 288, subd. (a); counts 3, 4, 5, 6, 7, and 8).
Subsequent statutory references are to the Penal Code.
On January 10, 2008, Herrera entered pleas of no contest to counts 3, 4, 5, 6, 7, and 8, with the understanding the remainder of the information would be dismissed. The court indicated a sentence of six years in state prison as to each count, with the terms to run concurrently with each other.
On February 13, 2008, the court denied Herrera probation and sentenced him to six years in state prison for each conviction of section 288, subdivision (a), with the terms to run concurrently with each other. Herrera was awarded 347 days of presentence credit. Additionally, Herrera was ordered to pay a $1,200 restitution fine, a $1,200 fine pursuant to section 1202.45 (stayed upon successful completion of parole), and a $20 court security fee.
On February 25, 2008, Herrera filed a timely notice of appeal.
The facts have been taken from the probation report.
On March 22, 2007, officers contacted Herrera’s 13-year-old stepdaughter regarding a report of sexual abuse. The girl informed the officers that Herrera had been molesting her for the past eight years. The sexual abuse involved inappropriate touching and intercourse.
On May 15, 2008, Herrera’s appellate counsel filed an appellant’s opening brief requesting us to conduct an independent review of the entire record and informing us she advised Herrera of his right to file a supplemental brief within 30 days. On May 15, 2008, we also advised Herrera he had 30 days within which to submit a letter stating any grounds of appeal he wanted us to consider. No response has been received to date.
We have examined the entire record and are satisfied that Herrera’s appellate counsel has complied fully with her professional responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende (1979) 25 Cal.3d 436, 441.)
DISPOSITION
The judgment is affirmed.