From Casetext: Smarter Legal Research

People v. Rodriguez

California Court of Appeals, Sixth District
Apr 9, 2008
No. H032212 (Cal. Ct. App. Apr. 9, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ISAIAH PASSAMEN RODRIGUEZ, Defendant and Appellant. H032212 California Court of Appeal, Sixth District April 9, 2008.

NOT TO BE PUBLISHED

Santa Clara County Super. Ct. No. CC754565

McAdams, J.

On July 23, 2007, defendant Isaiah Passamen Rodriguez entered a plea of guilty to all three felony charges brought against him: oral copulation or sexual penetration with a child 10 years of age or younger (Pen. Code § 288.7, subd. (b)) (count 1) and two counts of lewd or lascivious acts on a child under 14 (Pen. Code § 288, subd. (a)) (counts 2 & 3) with the agreement that he would receive a maximum sentence of 10 years in prison consecutive to a term of 15 years to life and a minimum sentence of six years consecutive to 15 years to life.

On September 21, 2007, defendant was sentenced to a six-year term on count 2, concurrent with a six-year term on count 3, and a consecutive term of 15 years to life on count 1.

A notice of appeal was timely filed.

STATEMENT OF FACTS

Because defendant entered guilty pleas, the factual summary is drawn from the probation report.

The family of the six-year-old female victim contacted the San Jose Police Department on January 6, 2007, to report a sexual encounter between defendant and the victim, the daughter of defendant’s fiancée, occurring on January 2, 2007. This incident included contact between defendant’s penis and the victim’s vagina. The victim also reported numerous sexual encounters on a daily basis for approximately one year. When arrested, defendant admitted molesting the child over a 10-month period.

DISCUSSION

We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues.

We have notified defendant of his right to submit written argument in his own behalf within 30 days. The period has elapsed and we have received no written argument from defendant.

Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record, and we have concluded that there is no arguable issue on appeal. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.)

DISPOSITION

The judgment is affirmed.

WE CONCUR: Mihara, Acting P.J., Duffy, J.


Summaries of

People v. Rodriguez

California Court of Appeals, Sixth District
Apr 9, 2008
No. H032212 (Cal. Ct. App. Apr. 9, 2008)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ISAIAH PASSAMEN RODRIGUEZ…

Court:California Court of Appeals, Sixth District

Date published: Apr 9, 2008

Citations

No. H032212 (Cal. Ct. App. Apr. 9, 2008)

Citing Cases

People v. Rodriguez

This court affirmed the judgment on direct appeal. (People v. Rodriguez (April 9, 2008, H032212)…