P. v. Paz

Filed 3/2/06 P. v. Paz CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION SIX

Ruben B. Paz appeals from the judgment entered after he pleaded no contest to two counts of lewd conduct with a child under 14 years of age. (Pen. Code, § 288, subd. (a).) While represented by appointed counsel, appellant pleaded no contest to two of ten charged counts of lewd conduct with a child under 14 years of age.

Several weeks later, while represented by privately retained counsel, appellant moved to withdraw his plea. After questioning and hearing from appellant and the appointed counsel who had advised him before he entered his plea, the trial court denied appellant's motion. Pursuant to the plea agreement, the trial court then sentenced appellant to 10 years in state prison (a high term of eight years for count one and a consecutive term of two years for count two). The trial court also dismissed the remaining eight counts of the information. The trial court denied appellant's subsequent request for a certificate of probable cause.

We appointed counsel to represent appellant in this appeal. After reviewing the record, counsel filed an opening brief raising no issues and requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436. On December 29, 2005, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. No response has been received to date.

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)

The judgment is affirmed.

NOT TO BE PUBLISHED.

COFFEE, J.

We concur:

GILBERT, P.J.

PERREN, J.

Marcelitas V. Haynes, Judge

Superior Court County of Los Angeles

______________________________

Law Offices of John F. Schuck, John F. Schuck for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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