People v. Lee

Full title: THE PEOPLE, Plaintiff and Respondent, v. JOHNNY CHONBURA LEE, Defendant…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

Date published: Sep 26, 2018

H045362 (Cal. Ct. App. Sep. 26, 2018)

Opinion

H045362

09-26-2018

THE PEOPLE, Plaintiff and Respondent, v. JOHNNY CHONBURA LEE, Defendant and Appellant.

Mihara, J.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. C1648308)

Defendant Johnny Chonbura Lee twice touched an eight-year-old girl's vagina underneath her underwear. The girl was the daughter of a family friend. When the girl's mother confronted defendant, he admitted the offenses. Defendant was arrested and charged by felony complaint with two counts of lewd act on a child under 14 (Pen. Code, § 288, subd. (a)).

Defendant entered into a plea agreement under which he pleaded no contest to one count, the other count would be dismissed, and he would receive a sentence of no more than three years. A psychological evaluation under Penal Code section 288.1 determined that defendant was in the "low moderate risk category" or the "low risk category" for recidivism.

The court suspended imposition of sentence and placed defendant on probation for five years with numerous conditions, including a one-year county jail term, which was deemed served. The court also imposed various fines and fees and ordered defendant to pay restitution to the victim. Defendant timely filed a notice of appeal.

Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

The order of probation is affirmed.

/s/_________

Mihara, J. WE CONCUR: /s/_________
Elia, Acting P. J. /s/_________
Bamattre-Manoukian, J.