P. v. Lloyd
Filed 5/24/06 P. v. Lloyd CA1/4
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. BRANDON ENGLISH LLOYD, Defendant and Appellant. | A112444 (Solano County Super. Ct. Nos. VCR170305, VCR173834) |
Brandon English Lloyd appeals from a judgment entered in two cases on his pleas of no contest. His counsel raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.)
On February 3, 2004, in case No. VCR170305, defendant entered a plea of no contest to committing a lewd and lascivious act upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)). The charge stemmed from defendant's consensual sexual intercourse with a 13-year-old girl. Defendant was 19 years old at the time of the incident. On April 6, 2004, the court placed defendant on probation for three years.
On June 18, 2004, a felony complaint was filed in case No. VCR173834 alleging that defendant committed a lewd and lascivious act with a child under the age of 14 years. This charge, too, stemmed from defendant's sexual intercourse with a 13-year-old girl. The victim became pregnant as result of the act. Pursuant to a negotiated disposition, defendant pled no contest to the offense with the understanding that he would be placed on probation on conditions including a one-year term in the county jail. Prior to sentencing, the court ordered that defendant's mental condition be examined pursuant to Penal Code section 288.1.
On August 24, 2004, the court placed defendant on probation on conditions including one year in the county jail and sex offender counseling. On May 24, 2005, defendant's probation was modified in both cases to include a condition that he be assessed by FACT for sex offender treatment with Dr. Corey. On August 23, 2005, defendant admitted that he failed to complete the court-ordered counseling. On September 20, 2005, the court ordered a diagnostic evaluation pursuant to Penal Code section 1203.03.
On December 6, 2005, the court sentenced defendant to the low term of three years in state prison in case No. VCR170305 plus two years, one-third the midterm, in case No. VCR173834 for a total term of five years. The court granted defendant 391 days of custody credits.
Defendant was represented by counsel. There are no meritorious issues to be argued. There was no error in the sentencing.
DISPOSITION
The judgment is affirmed.
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RIVERA, J.
We concur:
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RUVOLO, P.J.
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SEPULVEDA, J.
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