People v. Ventura CA2/4

Filed 2/18/15 P. v. Ventura CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B256863

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA091120) v.

OSCAR VENTURA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Darrell S. Mavis, Judge. Affirmed. Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Oscar Ventura pleaded no contest to five counts of committing lewd and lascivious acts upon a child under the age of 14 (Pen. Code, § 288, subd. (a)).1 He agreed to and received a sentence of 16 years in state prison, consisting of the upper term of 8 years on count 1 and consecutive one-third midterm sentences of 2 years on each of counts 2 through 5. Defendant timely appealed. We affirm.

BACKGROUND On October 2, 2013, defendant was charged with three counts of violating Penal Code, section 288, subdivision (a). Count 1 alleged that on or about July 21, 2013, defendant committed a lewd and lascivious act upon Perla A., a child under the age of 14. Count 2 alleged that on or about July 21, 2013, defendant committed a lewd and lascivious act upon Ruby A., a child under the age of 14. Count 3 alleged that defendant committed a second lewd and lascivious act upon Ruby A. on or about July 23, 2013. Through counsel and with the aid of a Spanish interpreter, defendant waived his speedy preliminary hearing rights and statutory time at multiple court appearances. On March 14, 2014, defendant and the People advised the trial court that they wished to resolve the case prior to the preliminary hearing. Based on discovery they had obtained, the People moved to amend the felony complaint to add an additional two counts of lewd and lascivious conduct with Perla A. Count 4 alleged conduct occurring January 1, 2013, through April 30, 2013. Count 5 alleged conduct occurring May 1, 2013, through June 30, 2013. The People explained that they added these counts to support their offered sentence of 16 years: an upper term of 8 years on Count 1 and consecutive one-third midterm sentences of 2 years on each of counts 2 through 5. Defendant said he understood the calculation. Defendant asked if the offer could be lowered to 10 or 12 years, but agreed to the 16-year sentence when the People declined to lower the offer.