People v. Pena

Full title: THE PEOPLE, Plaintiff and Respondent, v. LORENSO VACA PENA, Defendant and…

Court: California Court of Appeals, Third District, Sacramento

Date published: Aug 13, 2007

No. C052976 (Cal. Ct. App. Aug. 13, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. LORENSO VACA PENA, Defendant and Appellant. C052976 California Court of Appeal, Third District, Sacramento, August 13, 2007

NOT TO BE PUBLISHED

Super. Ct. No. 06F01404

BUTZ, J.

Defendant Lorenso Vaca Pena pleaded no contest to kidnapping (Pen. Code, § 207, subd. (a)), sexual battery (id., § 243.4, subd. (a)), three counts of unlawful sexual intercourse with a child under the age of 16 years (id., § 261.5, subd. (d)), two counts of oral copulation with a child under age 16 (id., § 288a, subd. (b)(2)), and possession for sale of methamphetamine (Health & Saf. Code, § 11378). In exchange for defendant’s plea, it was agreed that he would receive a sentence of nine years in state prison, and numerous remaining charges were dismissed. Defendant was sentenced in accordance with the plea agreement.

The charges were based on the following facts: The 52-year-old defendant took two minor females, age 13 and 14, to his residence, and forced them to drink alcohol and use methamphetamine and marijuana. Defendant touched the victims on their legs and buttocks several times through their clothing. After several hours, defendant drove the victims to the younger victim’s home where he dropped off the younger victim but would not allow the other victim to get out of the car. Several months later, defendant and the 14-year-old victim admitted that they had engaged in sexual intercourse on several occasions. Defendant also admitted engaging in oral copulation with this victim. As part of an investigation into this conduct, defendant’s residence was searched, during which five baggies of methamphetamine and $2,000 in cash were discovered. Also located in the residence were numerous videotapes of defendant using drugs and engaging in sexual intercourse and oral copulation with the 14-year-old victim.

Defendant filed a timely appeal.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting the court to review the record and determine whether there are any arguable issues on appeal. Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.

We have undertaken an independent examination of the entire record and have found no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: HULL, Acting P. J., ROBIE, J.