Opinion
NOT TO BE PUBLISHED
Sonoma County Super. Ct. No. SCR-514366
McGuiness, P.J.
At a change of plea proceeding, after a full advisement of his rights, defendant Jose Luis Vargas-Flores, represented by counsel, pleaded no contest to one count of engaging in three or more acts of substantial sexual conduct with a child under age 14 (Pen. Code, § 288.5, subd. (a)). Although the maximum term that could be imposed was 16 years in state prison, the court promised to impose the low term of 6 years if a review of the probation report warranted the lesser sentence. Otherwise, defendant would be permitted to withdraw his plea.
At sentencing, the court imposed the promised low term of six years in state prison. Defendant was awarded credit for time served of 59 days, consisting of 52 days for actual time served and 7 days of local conduct credits. (Pen. Code, § 2933.1, subd. (a).) He was also required to pay a restitution fund fine of $1,200, and a parole revocation restitution fine of $1,200 was imposed but suspended unless parole was revoked.
Defendant’s appellate counsel has filed a brief raising no issues and asks us to independently review the record under People v. Wende (1979) 25 Cal.3d 436. We have conducted that review, and agree with counsel that there are no issues warranting further briefing. As required under People v. Kelly (2006) 40 Cal.4th 106, 124, we note that appellate counsel informed defendant of his right to file a supplemental brief, and defendant has not filed such a brief.
DISPOSITION
The judgment is affirmed.
We concur: Pollak, J., Siggins, J.