People v. Perez CA1/4

Filed 3/30/26 P. v. Perez CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A171417 v. EDWIN GUSTAVO (Contra Costa County SOLARZANO PEREZ, Super. Ct. No. 04-203750-5) Defendant and Appellant.

Appellant Edwin Gustavo Solarzano Perez appeals from an 18-year state prison sentence imposed pursuant to a negotiated guilty plea. Appellant entered a guilty plea to six counts of committing a lewd act upon a child (Pen. Code, § 288(a)), and admitted for all six counts the aggravating circumstance that he took advantage of a position of trust to commit the offenses (California Rules of Court, rule 4.421(a)(11)). Citing People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant’s appointed counsel filed a brief summarizing the facts and asking this court to independently review the record to identify any issues warranting relief. Perez filed a supplemental brief providing this court “notice of [his] intent” to file a habeas petition “[b]ecause certain facts supporting this claim [of racial

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bias in violation of his rights to due process and equal protection] fall outside the appellate record.” Upon our review of counsel’s brief, Perez’s supplemental brief, and the record, we find no issues warranting further briefing and therefore affirm. DISCUSSION In a complaint filed on February 20, 2022, appellant was charged with ten felony counts relating to his molestation of Jane Doe, a minor who was appellant’s step-niece. The court held a preliminary hearing on June 17, 2022, at which the People presented evidence that appellant had taken Jane Doe, then 12 years old, from her home in Antioch to Los Angeles for approximately one month, appellant’s phone contained photos of Jane Doe’s bare breasts and genitalia, and Jane Doe told investigators that she and appellant had engaged in sexual intercourse more than 13 times. The magistrate held appellant to answer on all charges, and on June 30, 2022, the People filed an information containing the same charges as the complaint. On September 23, 2023, appellant filed a nonstatutory motion to dismiss the charges the charges that also referenced Penal Code section 745, subdivision (d), in the title, but otherwise offered no argument based on the Racial Justice Act. The motion was based on the allegation that Antioch Police Department Officer Kelley Inabnett participated in racist text messages over the span of several years with other police officers, and that the prosecution had not produced evidence relating to these text messages prior to the preliminary hearing at which Officer