People v. Baker CA4/2

Filed 11/20/15 P. v. Baker 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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, E063538
v. (Super.Ct.No. FVI1403099)
TORRIN MANVILLE BAKER, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. John M. Tomberlin,
Judge. Affirmed.
Christopher Love, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
1
Defendant and appellant Torrin Manville Baker was charged by information with
oral copulation of a person under 18 years old (Pen. Code,1 § 288a, subd. (b)(1), count 1)
and unlawful sexual intercourse with a minor who was more than three years younger
than him (§ 261.5, subd. (c), count 2). As to count 2, it was further alleged that defendant
personally inflicted great bodily injury on the victim in the commission of the offense.
The information also alleged that defendant had served two prior prison terms. (§ 667.5,
subd. (b).) Defendant entered a plea agreement and pled no contest to count 2. In
exchange, the court ordered the remaining count and allegations dismissed. The parties
stipulated that the preliminary hearing transcript and police reports provided a factual
basis for the plea. The court then referred the matter to the probation department.
Defendant was subsequently sentenced, in accordance with the plea agreement, to two
years in state prison. The court also ordered him to pay a victim’s compensation claim in
the amount of $2,000 for relocation expenses, as recommended in the probation report.
Defendant filed a timely notice of appeal, based on the sentence or other matters
occurring after the plea. We affirm.
PROCEDURAL BACKGROUND
Defendant was charged with, and pled no contest to, the allegation that on or about
July 6, 2014, he engaged in an act of unlawful sexual intercourse with a minor who was
more than three years younger than him. (§ 261.5, subd. (c).)
1 All further statutory references will be to the Penal Code, unless otherwise
noted.
2
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 and two potential arguable issues: (1) whether there was substantial evidence to
support the amount of the victim’s claimed loss of $2000 in relocation expenses; and
(2) whether there was substantial evidence showing that the purported loss was incurred
as a direct result of defendant’s conduct. Counsel has also requested this court to
undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which
he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal. 4th 106, we have
conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting P. J.
We concur:
McKINSTER
J.
CODRINGTON
J.
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