People v. Duran CA4/1

Filed 5/18/15 P. v. Duran CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067023

Plaintiff and Respondent,

v. (Super. Ct. No. JCF32341)

DAVID BARBA DURAN, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Poli Flores,

Jr., Judge. Affirmed.

Forest M. Wilkerson, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

In May 2014, David Duran was convicted of a lewd act on a child (Pen. Code,

§ 288, subd. (a)). Duran was placed on probation on various terms and conditions. In

August 2014 the probation department filed a motion to revoke probation alleging that

Duran violated the condition to not have contact with the victim or her family.

In September 2014, Duran waived his right to trial and admitted violation of his

probation. Thereafter the court sentenced Duran to the upper term of eight years in

prison.

Duran filed a timely notice of appeal.