Filed 5/31/18 P. v. Orrantia CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO



THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL JOSEPH ORRANTIA,

Defendant and Appellant.


E069980

(Super.Ct.No. SWF1501361)

O P I N I O N


APPEAL from the Superior Court of Riverside County. Jerome E. Brock, Judge. (Retired judge of the Santa Clara Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.
Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
Defendant and appellant, Michael Joseph Orrantia, pled guilty to two counts of lewd and lascivious acts upon a child under the age of 14 years by force, violence, duress, menace, and fear. (Pen. Code, § 288, subd. (b)(1); counts 1 & 3.) Pursuant to the plea agreement, the court sentenced defendant to an aggregate term of imprisonment of 20 years.
After defense counsel filed a notice of appeal, 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, setting forth a statement of the case and requesting this court to undertake a review of the entire record. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On December 29, 2015, the People filed an information charging defendant with lewd and lascivious acts upon a child under the age of 14 years by force, violence, duress, menace, and fear (§ 288, subd. (b)(1); count 1) and assault with the intent to commit mayhem, rape, sodomy, or oral copulation during the course of a first degree burglary (§ 220, subd. (b); count 2). As to the count 1 offense, the People alleged defendant had entered an inhabited dwelling house with the intent to commit a felony sex offense. (§ 667.61, subd. (d)(4).) On January 23, 2018, the court permitted the People to amend the information to add an additional charge of lewd and lascivious acts upon a child under the age of 14 years by force, violence, duress, menace, and fear. (§ 288, subd. (b)(1); count 3.)
On the same day, pursuant to a plea agreement, defendant pled guilty to the counts 1 and 3 offenses. Pursuant to the plea agreement, the count 2 offense and the special allegation attached to the count 1 offense were dismissed. In accordance with the plea agreement, the court sentenced defendant to 20 years of imprisonment.
II. DISCUSSION
We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
III. DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER
J.


We concur:

RAMIREZ
P. J.

SLOUGH
J.