Opinion
H043148
10-19-2016
THE PEOPLE, Plaintiff and Respondent, v. WILLIAM PETER SILVAS, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. C1350623)
Defendant William Peter Silvas pleaded guilty to five counts of lewd or lascivious acts on a child under the age of 14 by force (Pen. Code, § 288, subd. (b)(1)). He was sentenced to a total term of 50 years in prison. On appeal, his counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel has declared that defendant was notified that an independent review under Wende was being requested. We advised defendant of his right to submit written argument on his own behalf within 30 days. Thirty days have elapsed, and defendant has not submitted a letter brief.
Unspecified statutory references are to the Penal Code.
Pursuant to Wende, we have reviewed the entire record and have concluded that there are no arguable issues. We will provide "a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed." (People v. Kelly (2006) 40 Cal.4th 106, 110.)
BACKGROUND
Since defendant pleaded guilty, we take our summary of the facts from the probation officer's report.
In 2013, 15-year-old J. Doe was interviewed by the San Jose Police Department Sexual Assaults Unit. J. told detectives that when she was six years old, defendant (her father) touched her buttocks and vagina over her clothing two or three times. When J. was seven years old, defendant raped her twice. In 2011, defendant raped J. at her grandmother's house.
In 2011, six-year-old A. Doe told officers that defendant (her father) put his "Wee Wee" in her "butt" three times. A.'s mother arranged a pretext phone call with defendant, who vaguely admitted that something had happened between him and A. three times.
Procedural History
On April 9, 2015, defendant was charged by information with two counts of lewd or lascivious acts on a child under the age of 14 (§ 288, subd. (a)) and three counts of aggravated sexual assault of a child under the age of 14 (§ 269) in case No. C1350623.
On May 7, 2015, the trial court granted the People's motion to consolidate case No. C1350623 with case No. C1224680. A first consolidated information was filed charging defendant with five counts of lewd or lascivious acts on a child under the age of 14 (counts 1-2, 9-11; § 288, subd. (a)), three counts of aggravated sexual assault on a child under the age of 14 (counts 3-5; § 269), and three counts of sexual intercourse or sodomy with a child under the age of 10 (counts 6-8; § 288.7, subd. (a)). It was also alleged as to the five counts of lewd and lascivious acts that there were multiple victims (§ 667.61, subds. (b), (e)).
On August 6, 2015, the People amended counts 5 through 9 to allege lewd or lascivious acts on a child under the age of 14 by force (§ 288, subd. (b)(1)) pursuant to a plea agreement. Thereafter, defendant pleaded guilty to the five amended charges in exchange for a maximum sentence of 50 years in prison and dismissal of the remaining charges.
On September 23, 2015, defendant was sentenced to the agreed-upon term of 50 years in prison. The remaining counts and allegations were dismissed. Defendant did not request a certificate of probable cause and appealed the judgment.
DISCUSSION
We have conducted an independent review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and People v. Kelly, supra, 40 Cal.4th 106. We conclude there are no arguable issues on appeal.
DISPOSITION
The judgment is affirmed.
/s/_________
Premo, Acting P.J.
WE CONCUR: /s/_________
Elia, J. /s/_________
Judge of the Santa Clara County Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. --------