People v. Cruz CA4/3

Filed 1/22/26 P. v. Cruz CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE,

Plaintiff and Respondent, G065199

v. (Super. Ct. No. 15WF0271)

ADAN V. CRUZ, OPINION

Defendant and Appellant.

Appeal from a post-conviction order of the Superior Court of Orange County, Claudia Alvarez, Judge. Affirmed. Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Adan V. Cruz appeals the denial of his post-conviction motion to reduce his felony offense to a misdemeanor under Penal Code1 section 17. After examining the record, his appointed appellate counsel filed a brief setting forth the facts of the case, raising no issues, and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Cruz has not filed a supplemental brief. After independently reviewing the record, we affirm the order. FACTS In 2014, Cruz (then age 31) had sex with a 16-year-old family friend. He pleaded guilty to a felony count of violating section 261.5 (unlawful sexual intercourse with a minor), and the trial court sentenced him to three years of probation. A violation of section 261.5 is a “wobbler” offense, punishable as either a felony or a misdemeanor. (Id., subd. (c).) In 2022, Cruz moved to reduce the offense to a misdemeanor and for a dismissal. (§§ 17, subd. (b)(3), 1203.4.) Finding Cruz had complied with the terms of his probation, the trial court (the Honorable Julian W. Bailey, presiding) granted his motion to dismiss.2 However, the court denied his motion to reduce the offense without prejudice. Reasoning Cruz had “violated a position of trust” by having sex with a teenage family friend, the court was “not comfortable” reducing the