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People v. Pearson

California Court of Appeals, First District, Fourth Division
Sep 9, 2008
No. A121772 (Cal. Ct. App. Sep. 9, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. KENYATTA PEARSON, Defendant and Appellant. A121772 California Court of Appeal, First District, Fourth Division September 9, 2008

NOT TO BE PUBLISHED

Alameda County Super. Ct. No. C154575

Reardon, J.

Pursuant to a negotiated disposition, appellant Kenyatta Pearson entered a no contest plea to six counts of committing a lewd act upon a child (Pen. Code, § 288, subd. (a)) and admitted two state prison priors (see Pen. Code, § 667.5, subd. (b)). The negotiated sentence was 20 years in state prison and the other counts were dismissed. Appellant received the agreed-upon sentence. The evidence presented at the preliminary hearing established that appellant engaged in sexual acts with girls under the age of 14.

Counsel for appellant has filed an opening brief raising no issues and asking the court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and concluded that there are no arguable issues.

Appellant was represented throughout the proceedings by counsel. His no contest plea and admission of the state prison priors were validly entered. He received the agreed-upon sentence, consisting of the aggravated term of eight years on count 4, consecutive terms of two years on the remaining five counts, and one year each for the two state prison priors. There were no sentencing errors.

With respect to the aggravated term, appellant executed an “Apprendi-Blakely waiver” form. (Apprendi v. New Jersey (2000) 530 U.S. 466; Blakely v. Washington (2004) 542 U.S. 296.)

The judgment is affirmed.

We concur: Ruvolo, P. J., Rivera, J.


Summaries of

People v. Pearson

California Court of Appeals, First District, Fourth Division
Sep 9, 2008
No. A121772 (Cal. Ct. App. Sep. 9, 2008)
Case details for

People v. Pearson

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KENYATTA PEARSON, Defendant and…

Court:California Court of Appeals, First District, Fourth Division

Date published: Sep 9, 2008

Citations

No. A121772 (Cal. Ct. App. Sep. 9, 2008)