People v. Castro CA4/3

Filed 4/15/14 P. v. Castro 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G048364

v. (Super. Ct. No. 11CF1031)

MARIANO ANTONIO CASTRO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg, Judge. Affirmed. Mariano Antonio Castro, in pro. per.; Richard de la Sota, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

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Defendant was convicted by jury of two counts of committing a lewd act 1 with a child under the age of 14 (Pen. Code, § 288, subd. (a), counts 2 & 3), three counts of aggravated sexual assault of a child under the age of 14 (§ 269, subd. (a)(1), count 4; §269, subd. (a)(4), counts 5 & 6), and one count of continuous sexual abuse of a child 2 under the age of 14 (§288.5, subd. (a)). The jury also found true allegations of substantial sexual conduct attached to counts 2 and 7, and great bodily injury attached to count 3. Defendant was sentenced to an aggregate indeterminate state prison term of 45 years to life, and a determinate state prison term of 16 years to be served before the 3 indeterminate term commenced. Defendant timely filed a notice of appeal, and we appointed counsel to represent him. Counsel did not argue against defendant, but advised the court he was unable to find an issue to argue on defendant’s behalf. Defendant was given the opportunity to file written argument in his own behalf, and he has done so, submitting a four-page handwritten brief. We have examined the entire record, and have considered the brief submitted by defendant, but have not found an arguable issue. (People v. Wende (1979) 25 Cal.3d 436.) Accordingly, we affirm the judgment.