People v. Wilds CA5

California Court of Appeal Aug 13, 2025 No. F086648Unpublished

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Holding. The court affirmed the judgment of conviction, holding that it lacked jurisdiction to review the validity of the defendant's guilty plea because he failed to obtain a certificate of probable cause as required by Penal Code section 1237.5.

Issues

Whether the court has jurisdiction to review the validity of a guilty plea absent a certificate of probable cause.
Whether the defendant's conviction for both continuous sexual abuse and discrete lewd acts violated double jeopardy protections.
Whether the defendant's claims of ineffective assistance of counsel and police coercion are cognizable on appeal.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Because defendant failed to obtain a certificate of probable cause, we lack jurisdiction to consider any issues affecting the validity of the plea, and defendant is consequently not entitled to Wende review for such issues.”

“It is entirely acceptable for prosecutors to charge continuous sexual abuse pursuant to section 288.5, subdivision (a) and discrete sexual offenses pursuant to section 288, subdivision (a) that are outside the time period of the alleged continuous abuse.”

Filed 8/13/25 P. v. Wilds CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F086648 Plaintiff and Respondent, (Super. Ct. No. MCR064477) v.

JASON PAUL WILDS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Katherine Rigby, Judge. Jason Paul Wilds, in pro. per.; and Richard Oberto, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Meehan, J. and Fain J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Appointed counsel for defendant Jason Paul Wilds asked this court to review the record to determine whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d 436 (Wende); In re Kevin S. (2003) 113 Cal.App.4th 97.) Counsel filed an opening brief that sets forth the facts relating to this appeal. We then offered defendant the opportunity to present his own brief by way of a letter. Defendant submitted a letter brief raising a number of issues. Following our complete review of the record on appeal and the separate issues raised by defendant, we affirm the judgment. PROCEDURAL BACKGROUND The District Attorney of Madera County filed a complaint on August 28, 2019, charging defendant with four counts of committing lewd and lascivious acts on a child. After defendant rejected the prosecution’s offer to recommend a nine-year sentence in exchange for his plea of guilty, the trial court suspended criminal proceedings and appointed an expert to examine defendant’s mental competency. Criminal proceedings resumed, and the district attorney filed an information charging defendant with seven counts of lewd and lascivious acts on a child (Pen. Code, § 288, subd. (a))1 and one count of continuous sexual abuse of a child (§ 288.5, subd. (a)). Defendant pleaded not guilty and not guilty by reason of insanity, and the trial court ordered further mental examinations pursuant to section 1026 for defendant. On March 25, 2021, the district attorney filed a separate criminal complaint charging defendant with additional counts of lewd and lascivious acts on a child. The trial court consolidated the cases. The district attorney filed a second amended information on February 14, 2023, charging defendant with lewd and lascivious acts on a child (§ 288, subd. (a); counts 1–4) and continuous sexual abuse of a child (§ 288.5, subd. (a); count 5) and alleging aggravating sentencing factors that the victim was

People v. Wilds CA5

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