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People v. Vidal

California Court of Appeals, First District, First Division
May 26, 2009
No. A123525 (Cal. Ct. App. May. 26, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ESTEVAN VIDAL, Defendant and Appellant. A123525 California Court of Appeal, First District, First Division May 26, 2009

NOT TO BE PUBLISHED

Marin County Super. Ct. No. SC157860A

Marchiano, P.J.

Defendant Estevan Vidal pleaded guilty to continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a)). Pursuant to a plea agreement, the trial court sentenced defendant to 12 years in prison.

Defendant’s counsel has filed an opening brief that raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, but has not done so. We find no arguable issues and affirm.

I.

The victim is defendant’s daughter. When she was 17, she reported that defendant had been sexually molesting her since she was nine. The sexual abuse included inappropriate touching, digital penetration of the vagina, forcible oral copulation, and rubbing the victim’s vagina with defendant’s penis.

II.

We have reviewed the record and find no arguable issues. Defendant was represented by counsel at all pertinent portions of the proceedings. He was properly advised of his constitutional rights when he entered his guilty plea. The sentence is according to the terms of the plea bargain. There are no errors in the proceedings.

The trial court denied a certificate of probable cause. (Pen. Code, § 1237.5; Cal. Rules of Court, rule 8.304.)

III.

The judgment is affirmed.

We concur: Margulies, J., Graham, J.

 Retired judge of the Superior Court of Marin County assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.


Summaries of

People v. Vidal

California Court of Appeals, First District, First Division
May 26, 2009
No. A123525 (Cal. Ct. App. May. 26, 2009)
Case details for

People v. Vidal

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ESTEVAN VIDAL, Defendant and…

Court:California Court of Appeals, First District, First Division

Date published: May 26, 2009

Citations

No. A123525 (Cal. Ct. App. May. 26, 2009)