People v. Ramirez CA3

Filed 8/20/15 P. v. Ramirez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C077444

Plaintiff and Respondent, (Super. Ct. No. CRF14-325)

v.

JAMIE LEE RAMIREZ,

Defendant and Appellant.

Appointed counsel for defendant Jamie Lee Ramirez has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

Defendant was charged by criminal complaint with sexual penetration of a child under the age of 10 (Pen. Code, § 288.7, subd. (b)—count 1),1 attempt to engage in oral copulation of a child under the age of 10 (§§ 664/288.7, subd. (b)—count 2), and lewd act on a child under the age of 14 (§ 288, subd. (a)—count 3).

By negotiated plea agreement, count 1 of the complaint was amended to allege a lewd act on a child under the age of 14 by use of force or fear (§ 288, subd. (b)(1)).

Defendant entered a negotiated plea of no contest to forcible lewd or lascivious act on a child under the age of 14 (amended count 1) and attempted oral copulation of a child under the age of 11 (count 2) in exchange for a stipulated state prison sentence of 17 years; dismissal with a Harvey2 waiver of count 3; forfeiture of all electronic devices, guns, and ammunition seized by law enforcement; and the People’s agreement not to pursue additional charges against defendant for possession of illegal guns or ammunition or child pornography in the event of discovery of such material on the seized electronic devices.