Opinion
C096614
02-28-2023
THE PEOPLE, Plaintiff and Respondent, v. RONALD VERRETT, JR., Defendant and Appellant.
NOT TO BE PUBLISHED
Super. Ct. No. 21CR000242
RENNER, J.
Appointed counsel for defendant Ronald Verrett, Jr. has asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Having found no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
I. BACKGROUND
In February 2021, the People charged defendant with possession of child or youth pornography in violation of Penal Code section 311.11, subdivision (a). The following month, defendant waived a preliminary hearing and an information charging the same offense was filed.
In October 2021, defendant pled guilty to this offense in exchange for a stipulation to a two-year lid on the sentence that would eventually be imposed. At the plea hearing, the parties stipulated that Tehama County Sheriff's Department report number "21-2198" formed the factual basis for the plea. Specifically, based on information from the National Center for Missing and Exploited Children regarding certain online accounts belonging to defendant being used to upload child pornography, defendant's home was searched and 66 images and videos depicting child pornography were located on various electronic devices. During an interview at the sheriff's office, defendant admitted viewing child pornography on about 50 occasions. Defendant also admitted three of the images found during the search of his home depicted the 10-year-old daughter of an exgirlfriend. Some of the images depicted children as young as five years old.
Defendant was sentenced in June 2022. In accordance with the plea agreement, the trial court sentenced defendant to the lower term of 16 months in state prison and imposed other orders. The trial court did not orally impose any fines, fees, or assessments. Instead, the parties waived formal reading of those aspects of defendant's sentence and the trial court adopted the probation report's recommendation "as if read into the record and incorporated into the judgment and sentencing." The amounts and statutory bases of all financial obligations are listed in the probation report.
Defendant timely appealed and requested a certificate of probable cause, which was granted.
II. DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days from the date the opening brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief. Having undertaken an examination of the entire record pursuant to Wende, we find no arguable errors favorable to defendant and will therefore affirm the judgment.
III. DISPOSITION
The judgment is affirmed.
We concur HULL, Acting P. J., KRAUSE, J.