Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. NA069033, Gary J. Ferrari, Judge.
Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ZELON, J.
Based on conduct with the son of a coworker, Alvin Jose Urriza was convicted on one count of aggravated sexual assault of a child (Pen. Code, § 269, subd. (a)(4)), and on five counts of lewd act upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)).
Urriza was originally charged by amended information with seven counts of sexual abuse: one count of aggravated assault upon a child under the age of 14 years, three counts of lewd act upon a child under the age of 14 years, and three counts of forcible lewd act upon a child under the age of 14 years under Penal Code section 288, subdivision (b)(1). Special allegations of continuous sexual abuse of a child within the meaning of Penal Code section 1203.66, subdivision (a) were also alleged. On the eve of trial, the trial court granted the prosecution’s motion to strike the special allegations and to dismiss one of the forcible lewd act counts. After the prosecution rested, the trial court granted the defense motion to dismiss for insufficient evidence the force allegation as to the two remaining counts of forcible lewd act upon a child under the age of 14 years.
According to the trial evidence, Jessie H., then 12 years old, lived in San Pedro with his mother and two sisters. His mother worked with Urriza, then 24 years old. Urriza confided in Jessie H. his interest in becoming the boy’s father figure and began frequently visiting his home during the summer and fall of 2005. During these visits, Urriza sexually abused Jessie H.
In June 2005, while at Jessie H.’s home, Urriza asked him for a kiss. Jessie H. refused, and Urriza grabbed him and kissed him on the mouth.
In July 2005, Urriza came to Jessie H.’s bedroom, masturbated himself and told Jessie H. to engage in the same activity. Jessie H. started to masturbate himself, but he became uncomfortable and left the bedroom.
During the next visit, Urriza encouraged Jessie H. to “try it again.” Jessie H. declined. Urriza masturbated himself and asked Jessie H. to do the same. He initially refused, but when Urriza asked again, Jessie H. masturbated himself, but he did not ejaculate.
The following day, Urriza and Jessie H. went into his sisters’ bedroom and watched movies. Urriza told Jessie H. to fantasize about an actress in one of the movies while masturbating himself. Jessie H. did as Urriza instructed and ejaculated.
That night, Urriza stayed at Jessie H.’s home. Before going to sleep in the living room, Urriza told Jessie H. they were going to engage in self-masturbation in Jessie H.’s bed. When they were both finished, Urriza instructed Jessie H. not to tell anyone their “secret” and left the bedroom. On a different night, Urriza said they both should engage in self-masturbation to see who could ejaculate first. Jessie H. complied.
In October or November 2005, Urriza had Jessie H. watch a “porn” movie while he masturbated himself. Days later, when they were watching the film again, Urriza asked Jessie to shower with him after they had masturbated. When Jessie H. refused, Urriza pulled him into the shower, and they engaged in self-masturbation a second time.
The last incident happened in October or November 2005, when they were lying on the bed watching a movie and Urriza asked if he could orally copulate Jessie H. When Jessie H. refused, Urriza climbed on top of Jessie H., pinning the boy down, and began to orally copulate him. Jessie H. attempted to stop Urriza by pushing his head away, but Urriza grabbed the boy’s hand. Jessie H. wiggled free and pushed Urriza’s head away with both hands, although he had already ejaculated.
In December 2005, Jessie H. told his mother about incidents of sexual abuse, and she contacted police. After several attempts, she finally reached Urriza by telephone at work and expressed her anger at what he had done to her son.
Urriza did not testify in his defense that Jessie H. fabricated the incidents of abuse. A coworker of Urriza testified that Urriza appeared shocked during a telephone call from Jessie H.’s mother. Urriza’s sister testified that Jessie H. denied being touched inappropriately by Urriza. A police detective testified as to some inconsistencies between Jessie H.’s police interview and trial testimony, including the failure to report any oral copulation.
After Urriza was found guilty as charged, the trial court imposed an aggregated sentence of 15 years to life in state prison consisting of one term of 15 years to life for the aggravated sexual assault conviction and five concurrent terms of three years (the lower term) for the lewd act convictions.
Urriza received presentence custody credit of 450 days (391 actual days and 59 days of conduct credit). The trial court ordered him to register as a sex offender and to undergo HIV testing. The court also ordered Urriza to pay a $20 security assessment and a $10,000 restitution fine. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45. He filed a timely appeal.
We appointed counsel to represent Urizza on appeal. After examination of the record counsel filed an “Opening Brief” on October 11, 2007, in which no issues were raised. On the same date, we advised Urriza he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied Urriza’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: PERLUSS, P. J., WOODS, J.