Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Ventura County, Super. Ct. No. 2006014078.
Suzan E. Hier, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
COFFEE, J.
Appellant Rolando Isaiah Lujan appeals from judgment entered following his no contest plea to felony unlawful sexual intercourse (Pen. Code, § 261.5, subd. (c)) and misdemeanor child molesting (§ 647.6, subd. (a)). We appointed counsel to represent appellant on this appeal. After examining the record, counsel filed an opening brief in this court raising no issues and requested that we independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436. On September 5, 2007, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. Appellant did not respond. We find no arguable issues and we affirm.
All statutory references are to this code unless otherwise stated.
On April 2, 2006, appellant had unlawful sexual contact with a minor. He was charged with felony penetration by foreign object (§ 289, subd. (h)), felony unlawful sexual intercourse (§ 261.5, subd. (c)), misdemeanor child molesting (§ 647.6, subd. (a)) and misdemeanor contributing to the delinquency of a minor (§ 272).
After consulting with appointed counsel, appellant entered a plea of guilty to felony unlawful sexual intercourse and misdemeanor child molesting, with the understanding that he could be sentenced to state prison for a maximum term of three years. The remaining charges were dismissed at the sentencing hearing. The trial court suspended imposition of sentence and released appellant on formal probation for 36 months with terms and conditions including 180 days in county jail with credit for time served, no contact with the victim, submission to drug and alcohol testing, and maintenance of regular employment.
In September of 2006, appellant violated his probation by contacting and harassing the minor. Appellant admitted the violation. The trial court revoked probation and reinstated probation with additional terms and conditions.
In February of 2007, appellant violated his probation by contacting the minor through an email to her roommate. Appellant admitted the violation. The trial court revoked probation and sentenced appellant to one year and four months in state prison. The court imposed a concurrent 365 days sentence for the misdemeanor count and stayed that sentence pursuant to section 654.
We have reviewed the entire record and are satisfied that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)
The judgment is affirmed.
We concur: GILBERT, P.J., YEGAN, J., Kevin J. McGee, Judge