Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County No. BF121138A. Jerold L. Turner, Judge.
Elisa A. Brandes, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
Before Vartabedian, A.P.J., Wiseman, J., and Levy, J.
Pursuant to a plea agreement, appellant Fernando Jasso pled no contest to continuous sexual abuse of a child (Pen. Code, § 288.5). Consistent with the term of the plea agreement that the sentence imposed not exceed 12 years, the court imposed the 12-year midterm.
Appellant requested that the court issue a certificate of probable cause (Pen. Code, § 1237.5). The court granted that request.
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this court’s invitation to submit additional briefing. We will affirm.
Our factual statement is taken from the report of the probation officer. The probation officer based his summary of the facts of the instant offense on a report prepared by the Bakersfield Police Department.
In October 2007, police made contact with the victim, the 13-year-old daughter of appellant’s estranged wife, after the victim’s aunt, with whom the victim and her mother had been living, discovered that the victim had a cell phone and that appellant had been sending her sexually explicit text messages. The victim told the police she and appellant had had sexual intercourse on three occasions, twice in Arvin and once in Bakersfield. The first act of sexual intercourse occurred in June 2007 and the last occurred in September 2007.
A police officer arrested appellant. After initially denying allegations that he had been sexually involved with the victim, he began to cry and stated, “I did it. I had sex with her but I didn’t rape her.” Appellant admitted to the officer he had sex with the victim twice in Bakersfield and once in Arvin.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.