Filed 12/15/17 P. v. Wilkerson CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

ANTHONY WILKERSON,

Defendant and Appellant.
H044363
(Santa Clara County
Super. Ct. No. C1522290)
Defendant Anthony Wilkerson pleaded no contest to assault with intent to commit rape (Pen. Code, § 220, subd. (a)) and lewd and lascivious conduct on a child under the age of 14 (§ 288, subd. (a)). Pursuant to the plea agreement, the trial court sentenced defendant to six years in prison. Defendant filed a timely notice of appeal, and this appeal followed.
Defendant’s counsel has filed an opening brief in which no issues are raised and which asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. We notified defendant of his right to submit a written argument on his own behalf, but he has not done so.
After an independent review of the record, we have concluded that there are no arguable issues on appeal. As required by People v. Kelly (2006) 40 Cal.4th 106, 110, we will provide “a brief description of the facts and procedural history of the case, the crimes of which defendant was convicted, and the punishment imposed.”
I. FACTUAL AND PROCEDURAL BACKGROUND
On October 19, 2015, the Santa Clara County District Attorney filed a felony complaint charging defendant with four counts of forcible lewd conduct on a child under the age of 14 (§ 288, subd. (b)(1); counts 1-4), one count of assault with intent to commit rape (§ 220; count 5), one count of dissuading a witness by force or threat (§ 136.1, subd. (c)(1); count 6), and four counts of inflicting corporal injury upon a child (§ 273d, subd. (a); counts 7-10). The complaint identified Melissa Doe as the victim in all counts, and it specified that all of the offenses occurred between April 1, 2012 and December 1, 2013.
On April 21, 2016, the trial court held a preliminary hearing. At the preliminary hearing, Doe testified that defendant moved into her home when she was 12 years old and lived in her home for approximately one and a half years. She testified that, during that time period, defendant beat her with a belt on “a lot” of occasions. She also testified that defendant “sexually abused” her on many occasions. Doe described the following acts of sexual abuse: defendant put his arm around her neck and touched her breasts under her clothing; defendant “physically grab[bed]” her and rubbed his erect penis against her “butt” while they were both clothed; defendant placed her hand on his erect penis; and defendant attempted to “shove” his fingers inside her vagina. Doe also described an incident during which defendant pushed her onto a bed, got on top of her, started pulling his pants down, and attempted to “rip” off her pants. Doe testified that defendant threatened to “have people come after” her if she ever reported his conduct.
On April 28, 2016, the Santa Clara County District Attorney filed an information that charged the same offenses that were charged in the complaint.
Defendant entered into a plea agreement on August 22, 2016. Pursuant to the agreement, defendant pleaded no contest to one count of assault with intent to commit rape (§ 220, subd. (a)) and one count of lewd and lascivious conduct on a child under the age of 14 (§ 288, subd. (a)) in exchange for a maximum prison term of eight years. On the plea form, defendant acknowledged that there was a factual basis for his plea.
On December 12, 2016, the trial court sentenced defendant to a total prison term of six years. The trial court imposed the middle term of six years for the lewd and lascivious conduct conviction. The trial court imposed a concurrent four-year term, the middle term, for the conviction for assault with intent to commit rape. On the People’s motion, the trial court dismissed the remaining charges in the information.
Defendant filed a notice of appeal on December 12, 2016. The notice of appeal indicated that defendant’s appeal was “based on the sentence or other matters occurring after the plea.”
II. DISCUSSION
Having examined the entire record, we conclude that there are no arguable issues on appeal.
III. DISPOSITION
The judgment is affirmed.




_________________________________
ELIA, ACTING P. J.

WE CONCUR:



_______________________________
PREMO, J.



_______________________________
MIHARA, J.












People v. Wilkerson
H044362