P. v. Sanchez

Filed 2/20/07  P. v. Sanchez CA3

NOT TO BE PUBLISHED

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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Sacramento)

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     Defendant Pedro Segura Sanchez pled no contest to four counts of forcible lewd conduct on a child under the age of 14 years (Pen. Code, §  288, subd. (b)(1)), with the understanding that he would be sentenced to 28 years in state prison.  Defendant's plea was based on an incident in which he engaged in sexual conduct with a seven-year-old female, including touching her vagina with his hand, tongue and penis, and during which he prevented the victim's attempts to get away.  The trial court denied probation and sentenced defendant to 28 years in state prison in accordance with the plea agreement.  

     Defendant appealed. 

     We appointed counsel to represent defendant on appeal.  Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting the court to review the record and determine whether there are any arguable issues on appeal.  Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. 

We have undertaken an independent examination of the record and have found no arguable error. 

DISPOSITION

     The judgment is affirmed.

                                     CANTIL-SAKAUYE      , J.

We concur:

        BLEASE           , Acting P.J.

        MORRISON         , J.

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