P. v. Fernandez

Filed 5/19/06  P. v. Fernandez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of San Bernardino County.  Jules E. Fleuret, Judge.  Affirmed.

            Diane Nichols, under appointment by the Court of Appeal, for Defendant and Appellant.

            No appearance for Plaintiff and Respondent.

            On November 3, 2005, defendant and appellant Osbaldo Fernandez (defendant), represented by counsel, pled guilty to lewd act upon a child under Penal Code section 288, subdivision (a), as charged in count 1 of the felony complaint filed by the District Attorney of San Bernardino County. 

            Thereafter, in accordance with the negotiated disposition, the defendant was committed to state prison for six years, minus 11 days of presentence custody credits, and the remaining counts were dismissed on the motion of the People and in the interests of justice under Penal Code section 1385.

            Defendant appealed and upon his request, this court appointed counsel to represent him.  Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

            Defendant filed a personal supplemental brief, which we have read and considered. 

            We have now concluded our independent review of the record and find no arguable issues.

            The judgment is affirmed.

            NOT TO BE PUBLISHED IN OFFICIAL REPORTS

                                                                                                /s/ RICHLI                                              

J.

We concur:

/s/ HOLLENHORST                                      

                                    Acting P. J.

/s/ McKINSTER                      

                                                     J.

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