People v. Barraza CA6

Filed 7/17/25 P. v. Barraza CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H052480 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C2200117)

v.

JUAN ANTONIO BARRAZA,

Defendant and Appellant.

Defendant Juan Antonio Barraza appeals from a judgment entered after pleading no contest to two counts of committing a lewd act on a child by force (Pen. Code, § 288, subd. (b))1 and one count of committing a lewd act on a child (§ 288, subd. (a)). Appointed counsel for Barraza filed an opening brief which provides the procedural and factual background of the case but raises no legal challenge to the disposition. Counsel asks this court to conduct an independent review of the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Barraza was advised of the right to file written arguments on his own behalf but has not responded. Finding no arguable error that would result in a disposition more favorable to Barraza, we affirm the judgment.

1 Unspecified statutory references are to the Penal Code.

I. FACTUAL AND PROCEDURAL BACKGROUND A. Procedural background On January 4, 2022, the Santa Clara County District Attorney filed a complaint charging Barraza with one count of assault with intent to commit a felony on a minor (§ 220, subd. (a)(2); count 1 (G. Doe));2 two counts of committing a lewd act on a child by force (§ 288, subd. (b)(1); counts 2, 4 (G. Doe)); two counts of committing a lewd act on a child under 14 years of age (§ 288, subd. (a); count 3 (G. Doe), count 5 (B. Doe)); and one count of committing a lewd act on a child aged 14 or 15 (§ 288, subd. (c)(1); count 6 (K. Doe)). The complaint further alleged that, as to counts 2, 3, 4, and 5, the offenses were committed against multiple victims under the age of 14 (§ 667.61, subd. (j)(2)). The parties appeared for the preliminary examination on July 18, 2023. At the outset of the hearing, the trial court indicated that the parties had reached a negotiated settlement in which, as described by the district attorney, the People would add a charge of forcible lewd conduct on a child (count 7 (K. Doe)) and Barraza would plead to two counts of forcible lewd conduct on a child (counts 2 and 7) along with one count of lewd conduct on a child under 14 years of age (count 5). In exchange, the district attorney would dismiss the remaining charges as well as the multiple victim allegations, and Barraza would be sentenced to a term of 17 years in state prison.3 Barraza subsequently pleaded no contest to counts 2, 5, and 7.