Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego County No. SCN230744, Aaron H. Katz, Judge.
NARES, J.
Dennis B. Ohlsson entered a negotiated guilty plea to one count of committing a lewd and lascivious act upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)). Ohlsson also admitted that in committing the crime he had substantial sexual contact with the child within the meaning of section 1203.066, subdivision (a)(8) and used pornography within the meaning of section 1203.066, subdivision (a)(9). Under the plea bargain, the prosecution agreed to dismiss seven other counts of committing a lewd and lascivious act upon a child under the age of 14 years, and one count of continuous sexual abuse of a child (§ 288.5, subd. (a)). The parties stipulated to an eight-year prison term. The trial court sentenced Ohlsson in accordance with the plea bargain.
Statutory references are to the Penal Code.
Ohlsson did not obtain a certificate of probable cause.
FACTS
Ohlsson's daughter adopted a girl from Kazakhstan in 2001, when the child was seven years old. In August 2006 the girl, then 12 years old, told her adoptive mother that Ohlsson had been molesting her since the time she arrived in the United States.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as a possible, but not arguable, issue: whether Ohlsson was advised of his right to a jury trial and waived that right.
We granted Ohlsson permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issue referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. The trial court advised Ohlsson that he had the right to a jury trial, and Ohlsson waived it. Competent counsel has represented Ohlsson on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: McCONNELL, P. J., AARON, J.