Opinion
A121093
9-23-2008
THE PEOPLE, Plaintiff and Respondent, v. NICHOLAS JOHN MARTINEZ, JR., Defendant and Appellant.
Not to be Published
Defendant Nicholas John Martinez, Jr. pleaded no contest to one count of committing a lewd and lascivious act on a child under 14. (Pen. Code, § 288, subd. (a).) After lengthy appellate proceedings involving sentencing, the trial court resentenced defendant to the middle term of six years in state prison.
Appellate counsel has filed an opening brief that raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, but has not done so. We find no arguable issues and affirm.
I.
We summarized the facts in a prior memorandum opinion, People v. Martinez (Nov. 13, 2007, A104728) [nonpub. opn.], and we need not restate the facts at this time. The prior memorandum opinion remains on file with this court, and we hereby incorporate it by reference into this opinion.
Defendant was initially sentenced to the aggravated term of eight years. After lengthy appellate proceedings involving the validity of the aggravating factors, described in our prior memorandum opinion at pages 3-8, we remanded the matter for resentencing.
On remand, the trial court resentenced defendant to the middle term of six years.
II.
We have reviewed the record and find no arguable issues. The court sentenced defendant to the middle term. Hence, aggravating factors are no longer relevant. The sentence is valid.
There was no error in the proceedings or the sentence imposed.
III.
The judgment of conviction is affirmed.
We concur:
Swager, J.
Margulies, J.