People v. Reta CA1/1

Filed 2/4/14 P. v. Reta CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A138272 v. MIGUEL ANGEL RETA, (San Mateo County Super. Ct. No. SC074580) Defendant and Appellant.

Defendant appeals from his conviction of several counts of lewd acts upon the body of a child under 14 years of age and oral copulation by force or fear. After defendant filed a timely notice of appeal, appellate counsel was appointed to represent him. Appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) (see Anders v. California (1967) 386 U.S. 738 (Anders)), in which he raises no issue for appeal and asks this court for an independent review of the record. (See also People v. Kelly (2006) 40 Cal.4th 106, 124 (Kelly).) Counsel attests that defendant was advised of his right to file a supplemental brief. We have received no such brief. We have examined the entire record in accordance with Wende. We agree with counsel that no arguable issue exists on appeal and affirm. Procedural Background On November 14, 2011, an information was filed charging defendant with lewd acts upon the body of a child under 14 years of age (counts 1-4, 6-37, 39-40, 42-43, 45-

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46, 48-49, 51-52, 55-58, and 60-63), in violation of Penal Code1 section 288, subdivision (a); oral copulation or sexual penetration of a child under 10 years of age (counts 38, 41, 44, 47, and 50), in violation of section 288.7, subdivision (b); forced oral copulation (count 53), in violation of section 288a, subdivision (c)(2); rape (count 54), in violation of section 261, subdivision (a)(2); and continuing sexual abuse (counts 5, 59 and 64), in violation of section 288.5. It was further alleged that defendant had committed offenses against more than one victim “in violation of section 667.61, [subdivision (e)](4).” On January 7, 2013, the jury trial began. On January 17, 2013, the court granted defendant’s motion for acquittal on counts 38, 41, 44, 47, 50, and 54. The court also granted the prosecution’s request to dismiss counts 5, 59, and 64. On January 24, 2013, the jury found defendant not guilty of count 1. The jury found defendant guilty of counts 6, 16, 26, 27-37, 39, 42, 45, 48, 51, 53, 55-58, and 60- 63, and found the “more than one victim” enhancement allegation to be true as to each count. As to the remaining counts, the jury was unable to reach a unanimous verdict. On March 29, 2013, the court sentenced defendant as follows: on count 55, a term of 15 years to life; plus consecutive terms of 15 years to life on counts 30, 53 and 60, for a total term of 60 years to life. As to each of the remaining counts of conviction (6, 16, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 39, 42, 45, 48, 51, 56, 57, 58, 61, 62, and 63), the court imposed a term of 15 years to life to run concurrent to the sentence imposed on count 55. The court granted defendant’s motion for a mistrial, nunc pro tunc to January 24, 2013, on the counts on which the jury was unable to reach a unanimous verdict, and also granted the prosecutor’s motion to dismiss those counts. The court imposed a restitution fine in the amount of $280 pursuant to section 1202.4, subdivision (b). Pursuant to section 1202.45, the court imposed an additional restitution fine in the same amount.