Filed 3/7/18 P. v. Covarrubias 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.

JEFFRY LEE COVARRUBIAS,

Defendant and Appellant.
H044988
(Santa Clara County
Super. Ct. No. C1647766)
Defendant Jeffry Lee Covarrubias pleaded no contest to four counts of committing a lewd or lascivious act on a child under the age of 14 by force, violence, duress, menace or fear (Pen. Code, § 288, subd. (b)(1)) in exchange for a negotiated sentence of 32 years in prison.
We appointed counsel to represent Covarrubias in this court. Appointed counsel filed an opening brief which states the case and the facts, but raises no specific issues. We notified Covarrubias of his right to submit written argument in his own behalf within 30 days. That period has elapsed, and we have received no written argument from Covarrubias.
I. FACTUAL AND PROCEDURAL BACKGROUND
Covarrubias was initially charged by felony complaint filed September 27, 2016, with one count of sexual penetration of a child 10 years of age or younger (§ 288.7, subd. (b), count 1) and seven counts of committing lewd or lascivious acts on a child under the age of 14 (§ 288, subd. (a), counts 2-8). The complaint further alleged that counts 2 through 8 were committed against more than one victim. (§ 667.61, subds. (b), (e).)
On June 2, 2017, a first amended complaint was filed amending counts 5 through 8 to allege that Covarrubias committed forcible lewd or lascivious acts on a child under age 14 (§ 288, subd. (b)(1)), and deleting the multiple victim allegations under section 667.61, subdivisions (b) and (e). Pursuant to the plea agreement, Covarrubias would plead no contest to counts 5 through 8 in exchange for a sentence of 32 years and dismissal of counts 1 through 4.
At the August 1, 2017 sentencing hearing, the trial court sentenced Covarrubias to a total term of 32 years, consisting of consecutive eight-year middle term sentences on each of the four counts. Counts 1 through 4 were dismissed. Covarrubias was awarded total credits of 359 days, consisting of 313 custody credits and 46 days of section 2933.1 credits. Covarrubias was further ordered to register under section 290 and was advised that he would be on parole for 20 years six months following his release.
The court imposed a $300 restitution fine, along with an additional $300 restitution fine which was suspended pursuant to section 1202.45. Covarrubias was ordered to pay a fine of $300 plus a $930 penalty assessment (§ 290.3), along with a $160 court security fee (§ 2900.5), a criminal conviction assessment of $120, and a $129.75 criminal justice administration fee payable to the City of Milpitas.
According to the summary set forth in the probation report, on July 4, 2016, at approximately 12:55 a.m., City of Milpitas police officers responded to a report that an adult male had touched the private parts of a juvenile at a house party. Officers met with eight-year-old victim 1 and her parents when they arrived. Victim 1’s father told police he was attending a party at the house with his wife and daughter. Sometime between 11:00 p.m. and midnight, victim 1’s mother told him that Covarrubias had touched victim 1’s privates, making skin-to-skin contact. Victim 1 had been playing with her nine-year-old friend, victim 2, upstairs. Victim 1 came running downstairs, shaking. She tried to talk to her mother, but Covarrubias kept “distract[ing]” victim 1’s mother and kept following the two of them around. The mother finally took victim 1 into a bathroom and victim 1 told her Covarrubias put his “hands under and inside of her pants.” Covarrubias grabbed her hand when she tried to push his hands away. Victim 1 told her mother that victim 2’s mother was in the room when Covarrubias touched her and she told victim 1, “Tell her. Tell your mom.”
On August 25, 2016, victim 1 was interviewed at the police station. She told officers she was playing upstairs with victim 2. They knew that Covarrubias was at the house, and were trying to avoid him. Victim 1 asked if victim 2 knew that Covarrubias “touches” her, and victim 2 responded, “Yeah, I don’t like it, it’s the same thing that he does to me.”
Covarrubias came upstairs and told victim 2, “Shh.” Victim 2 ran into the bathroom and victim 1 ran into a room where victim 2’s mother was lying down on a bed. Victim 1 sat on the bed and Covarrubias sat next to her. He put his hand down the front of her shorts, touching her vagina and penetrating it with his fingers. She yelled, “Why are you touching my leg?” When victim 2’s mother turned to see what was happening, Covarrubias pulled his hand away and left the room. Victim 2’s mother had seen Covarrubias touching victim 1 and told her to tell her mother what happened.
Victim 1 also told police about another incident in October 2015 where Covarrubias took victim 1 into a dark bathroom, ostensibly to look at a “ ‘light-up skateboard.’ ” During this incident, Covarrubias touched her vagina for approximately five minutes. She said Covarrubias first touched her when she was seven years old, and he did so “many times,” including touching/rubbing her thighs, touching her stomach and chest, and touching her vagina under her underwear. She was reporting his touching now because she “could not take it anymore.”
Police had victim 1’s father place a pretext call to Covarrubias on August 26, 2016. Covarrubias did not apologize to victim 1’s father, but said he wanted to “make amends” to him.
On September 14, officers interviewed victim 2 and her mother. Victim 2’s mother said she saw Covarrubias touching victim 1 as she was lying on the bed. Victim 2 said that Covarrubias “ ‘spanked her butt’ ” on July 3, 2016, while she was playing with victim 1, and that he rubbed her private parts over her clothing.
Officers met with Covarrubias on September 23, 2016, outside his workplace, and he agreed to accompany them to the police station. During his interview, he told police about unspecified drama in his life, and said that people were trying to get him killed. He also “made statements about being in a ‘relationship or friendship’ with [victim 1].” He told them he was attracted to younger girls, and did not think about the consequences of his actions because he was “going through bad times.”
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the whole record and have concluded there is no arguable issue on appeal.
II. DISPOSITION
The judgment is affirmed.






Premo, J.





WE CONCUR:






Elia, Acting P.J.








Grover, J.












People v. Covarrubias
H044988