P. v. Regla-Ramirez CA4/2 ( 2013 )

Filed 7/9/13 P. v. Regla-Ramirez CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E058084
v. (Super.Ct.No. SWF1205417)
RAUL REGLA-RAMIREZ, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Angel M. Bermudez,
Judge. Affirmed.
Jamie Popper, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Pursuant to a plea agreement, defendant and appellant Raul Regla-Ramirez pled
guilty to committing four counts of lewd acts on a child under the age of 14 years with
force of fear. (Pen. Code, § 288, subd. (b).) In exchange, the remaining allegations
were dismissed, and defendant was sentenced to a stipulated term of 30 years in state
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prison with credit for time served. Defendant appeals from the judgment, challenging
the sentence or other matters occurring after the plea. We find no error and affirm.
I
FACTUAL AND PROCEDURAL BACKGROUND
From February 2004 through February 2011, defendant willfully and
unlawfully committed lewd acts on Jane Doe, a child under the age of 14, with the
intent of arousing or gratifying his lusts or sexual desires.
On October 29, 2012, an amended felony complaint was filed charging
defendant with three counts of committing a lewd act on a child under the age of 14
years (Pen. Code, § 288, subd. (a)(1), counts 1-3); one count of engaging in sexual
intercourse or sodomy with a child 10 years of age or younger (Pen. Code, § 288.7,
subd. (a), count 4); and one count of oral copulation or sexual penetration of a child 10
years of age or younger (Pen. Code, § 288.7, subd. (b), count 5).
At the change of plea hearing on January 30, 2013, the complaint was amended
by interlineations to add four counts of lewd acts on a child under the age of 14 years
with force or fear. (Pen. Code, § 288, subd. (b), counts 6-9.) Defendant subsequently
pled guilty to counts 6 through 9 in exchange for a stipulated 30-year sentence and the
dismissal of the remaining allegations. The trial court found that the guilty plea was
entered into freely and voluntarily and that defendant knowingly and intelligently
waived his rights. Defendant was thereafter immediately sentenced in accordance with
his plea agreement and awarded credit of 144 days for time served. The trial court
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also imposed a restitution fine in the amount of $240, and imposed and stayed a parole
revocation restitution fine in the same amount.
On February 13, 2013, defendant filed a notice of appeal, challenging the
sentence or other matters occurring after the plea.
II
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement
of the case, a summary of the facts and potential arguable issues, and requesting this
court conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, but
he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106,
we have independently reviewed the record for potential error and find no arguable
issues.
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III
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
HOLLENHORST
J.
McKINSTER
J.
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