Opinion
NOT TO BE PUBLISHED
Sonoma County Super. Ct. No. SCR547019
Lambden, J.
Appellant appeals from his conviction, entered after his plea of no contest to a single count of oral copulation with a minor and two counts of sexual intercourse with a minor more than three years younger than appellant. Appellant’s counsel raises no issues but asks this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
BACKGROUND
Between the summer of 2007 and the fall of 2008, appellant engaged in sexual relations with three minors he met through his younger cousin and the website “MySpace.”
Because there was no trial, some facts were taken from the Sonoma County felony presentence report.
“Ashley” met appellant through a friend in 2007 when she was 14 years old and appellant was 18 years old. In March 2008, Ashley and appellant engaged in oral sexual relations. Although she did not want to, Ashley felt significant pressure and feared appellant would be angry if she did not comply. In April 2008, Ashley’s mother reported to the police that Ashley was regularly corresponding with appellant. Ashley and appellant had sexual intercourse in April and May 2008. Again, although she did not want to, Ashley felt significant pressure. During the encounter, Ashley repeatedly asked appellant to stop, but he failed to do so. Ashley later discovered that she was pregnant and terminated the pregnancy in June 2008. In August 2008, Ashley was so stressed because she was unable to see appellant that she attempted suicide. She was airlifted to the hospital for medical treatment.
“Brittany” met appellant through a friend when she was 13 years old and appellant was 18 years old. Brittany and appellant engaged in sexual intercourse in April 2008. During the encounter, Brittany repeatedly asked appellant to stop; after he did not, she cooperated. Brittany and appellant engaged in sexual intercourse on at least two other occasions.
“Marysa” met appellant through a friend when she was 14 years old and appellant was 19 years old. They began dating in August 2008, and engaged in sexual intercourse approximately 10 times that same month. At a later interview, Marysa reported that she and appellant began dating in August 2008 but did not engage in sexual intercourse until the following month. She reported that they had sexual intercourse five times total. Marysa also alleged that she did not feel pressure to have sexual intercourse and that appellant did stop when she asked.
On October 23, 2008, the Sonoma County District Attorney filed a complaint against appellant alleging two counts of sexual intercourse with a minor, Ashley, more than three years younger than appellant and one count of oral copulation with a minor.
On January 5, 2009, the Sonoma County District Attorney filed an amended complaint which restated the three counts regarding Ashley in the original complaint, and added three counts of lewd acts with Brittany, a minor under the age of 14, three counts of sexual intercourse with Brittany, a minor more than three years younger than appellant, and five counts of sexual intercourse with Marysa, a minor more than three years younger than appellant.
At a plea hearing on February 9, 2009, appellant pled no contest to one count of oral copulation with Ashley. The count was amended to include “substantial sexual conduct,” which the defendant admitted. Appellant pled no contest to one count of sexual intercourse with Brittany and one count of sexual intercourse with Marysa. The district attorney dismissed the remaining counts, although pursuant to a Harvey waiver, the remaining counts could be considered by the court at the sentencing hearing. (People v. Harvey (1979) 25 Cal.3d 754.) In addition, the court ordered a psychological report.
The psychological report was not complete by the sentencing hearing on April 3, 2009, although defense counsel agreed that sentencing could go forward. With regard to Ashley, appellant was sentenced to the lower term of three years. Regarding the remaining counts, appellant was sentenced to concurrent terms of 16 months each. He was awarded 153 days of actual custody credits and 23 days of conduct credits, for a total of 176 credits and ordered to pay a restitution fine of $1,800. The court stayed a parole revocation fine of $1,800. Appellant was fined a court security fee of $20 per count, for a total of $60. Finally, appellant was ordered to register as a sex offender and to give samples for DNA testing.
Appellant filed a timely appeal on May 26, 2009, and filed his opening Wende brief September 8, 2009.
Our independent review of the record reveals no arguable issues.
The judgment is affirmed.
We concur: Kline, P.J., Richman, J.