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People v. Santiago C.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR
Feb 9, 2012
B231349 (Cal. Ct. App. Feb. 9, 2012)

Opinion

B231349

02-09-2012

THE PEOPLE, Plaintiff and Respondent, v. SANTIAGO C., Defendant and Appellant.

Linda Acaldo, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. KA090990)

APPEAL from a judgment of the Superior Court of Los Angeles County, Charles Horan, Judge. Affirmed.

Linda Acaldo, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Santiago C. appeals from a judgment convicting him of two counts of committing a lewd act upon a child (Pen. Code, § 288, subd. (a)), two counts of oral copulation/sexual penetration with a child under 10 years of age (Pen. Code, § 288.7, subd. (b)), and two counts of committing a forcible lewd act upon a child (Pen. Code, § 288, subd. (b)(1).)

FACTUAL AND PROCEDURAL HISTORY

Between 2006 and 2008, Santiago resided with M.Y. and their child A.C. Also residing in the house were M.Y.'s daughters Denise and Jennifer, and her son. While M.Y. worked nighttime shifts at two jobs, Santiago was left alone with the children. Denise and Jennifer testified to multiple instances in which Santiago sexually assaulted them and made them watch pornographic videos. The assaults began when the children were ages five and three respectively. Santiago denied engaging in sexual conduct with the children.

Santiago waived his right to a jury trial and elected to have a bench trial. The court found him guilty on all counts except two counts of continuous sexual abuse (Pen. Code, § 288.5, subd. (a)), on which the court found him to be not guilty. The court also found the allegations under Penal Code section 667.61 to be true.

The court sentenced Santiago to a total prison term of 12 years plus 60 years to life. This appeal followed.

DISCUSSION

After Santiago filed a timely notice of appeal from the judgment, this court appointed counsel to represent him. Appointed counsel filed an appellate brief raising no issues, but asking this court to independently review the record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442. We advised Santiago he had 30 days within which to submit by brief or letter any contentions or argument he wished this court to consider. No response was received.

We have independently reviewed the record in accordance with People v. Wende, supra, 25 Cal.3d at pages 441-442, and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

EPSTEIN, P. J. We concur:

MANELLA, J.

SUZUKAWA, J.


Summaries of

People v. Santiago C.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR
Feb 9, 2012
B231349 (Cal. Ct. App. Feb. 9, 2012)
Case details for

People v. Santiago C.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. SANTIAGO C., Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

Date published: Feb 9, 2012

Citations

B231349 (Cal. Ct. App. Feb. 9, 2012)