Filed 10/11/17 P. v. Gomez CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE,
Plaintiff and Respondent,
v.
ERINEO JUAN GOMEZ,
Defendant and Appellant.
|
F074570
(Super. Ct. No. F14904905)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Alvin M. Harrell III, Judge.
William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appointed counsel for defendant Erineo Juan Gomez asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter to defendant, advising him of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On May 21, 2014, defendant was charged with four counts of committing a lewd act upon his stepdaughter, a child under the age of 14 years (Pen. Code, § 288, subd. (a)).[1]
On March 24, 2016, defendant raised a Marsden[2] motion for substitute appointed counsel. The trial court denied the motion.
On July 14, 2016, defendant pled no contest to one count of continuous sexual abuse of a child under the age of 14 years (§ 288.5, subd. (a)).
On August 31, 2016, defendant unsuccessfully moved to withdraw his no contest plea. The trial court sentenced him to 12 years in prison, as agreed, imposed various fines and fees, and ordered defendant to register as a sex offender pursuant to section 290.
Having reviewed the entire record, we find no arguable issues on appeal.
DISPOSITION
The judgment is affirmed.
