P. v. Ramirez

Filed 2/9/07  P. v. Ramirez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SIXTH APPELLATE DISTRICT

THE PEOPLE,                                                                       H029207

                        Plaintiff and Respondent,                             (Santa Clara County

                                                                                                 Superior Court

            v.                                                                                 No. CC306422)

JOSE BELTRAN RAMIREZ,

                        Defendant and Appellant.

_____________________________________/

            Defendant Jose Beltran Ramirez appeals from a judgment of conviction entered after he pleaded no contest to two counts of continuous sexual abuse of a child under the age of 14 (Pen. Code, §§ 288.5, subd. (a), 1203.066, subd. (b)) and admitted that he committed both counts against more than one victim (Pen. Code, § 1203.066, subd. (a)(7)).  The trial court sentenced defendant to 10 years in state prison.  On appeal, defendant raises issues relating to the ineffective assistance of counsel and a no contact order.  We conclude that the judgment should be modified to order defendant to have no contact with his minor victims.  In all other respects, the judgment is affirmed.

I.  Statement of Facts[1]

            In January 2003, 13-year-old Sandra Doe and 12-year-old Sonia Doe reported that defendant, who is their father, had been sexually molesting them.  According to Sandra Doe, defendant had sexually molested her on over 60 occasions when she was 10, 11, 12, and 13 years old.  Sonia Doe stated that defendant sexually molested her â€