P. v. Avalos

Filed 7/27/07 P. v. Avalos 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

CC507419

Defendant Federico Avalos was charged with continuous sexual abuse of a child (Pen. Code 288.5),[1] committed by use of force, fear and bodily injury within the meaning of section 1203.066, subdivision (a)(1), and committing a lewd act upon a child ( 288, subd. (a)) with a further allegation of multiple victims within the meaning of section 1203.066, subdivision (a)(7).

CC599227

Defendant was charged with criminal threats ( 422) and assault with a deadly weapon ( 245, subd. (a)(1)).

On November 14, 2006, pursuant to a plea agreement in both cases, defendant entered a plea of no contest to section 288.5 in CC507419 and admitted the special allegation under section 1203.066, subdivision (a)(1). He further entered a plea of no contest to both counts in CC599227 in exchange for a prison sentence of seven years eight months. The remaining charge in CC507419 was dismissed.

On December 7, 2006, defendant was sentenced to the negotiated prison term. He was awarded a total of 346 days of presentence credits. The trial court denied defense counsels request for a continuance to pursue additional credits arising from two probation violation matters in other courts. The trial court stated that she had reviewed the sentencing history in the two probation violation matters and determined the violations and resulting sentences were independent of the present offenses.

STATEMENT OF FACTS[2]

CC507419

Defendants nine-year-old daughter told police that defendant had sexually molested her over a two-year period from 2003 to 2005, fondling her breasts and vagina when he was intoxicated, and often slapping her and threatening to harm her if she told anyone.

Defendant admitted to the police that he touched his daughters breasts over her clothing three separate times and rubbed his hands on the inside of her thighs at least once, but he denied touching her vagina. These incidents occurred when he was intoxicated.

CC599227

Maria Sanchez was asleep when the defendant, her husband, came home, woke her up and yelled at her while swinging a knife from side to side, threatening to kill Sanchez. He stabbed at the bed as Sanchez was lying there with her daughter. Sanchezs jeans were cut in the knee area. Defendant left and Sanchez called the police.

DISCUSSION

We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues. We have notified defendant of his right to submit written argument in his own behalf within 30 days. The period has elapsed and we have received no written argument from defendant.

Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.)

DISPOSITION

The judgment is affirmed.

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McAdams, J.

WE CONCUR:

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Mihara, Acting P.J.

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Duffy, J.

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[1] All further statutory references are to the Penal Code.

[2] Because defendant entered pleas of no contest, the factual summary is drawn from the preliminary hearing in each case and the probation report.