People v. Soltero CA2/5

Filed 6/15/16 P. v. Soltero CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B268374

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA083022) v.

JOEL SOLTERO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hayden Zacky, Judge. Affirmed. Theresa Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Joel Soltero’s appointed attorney filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that raises no issues and asks us to independently review the record. We invited defendant to submit a supplemental brief and he has, presenting multiple contentions of error that in his view warrant reversal. In the paragraphs that follow, we summarize the facts and explain why defendant’s contentions are not cognizable on appeal. The District Attorney charged defendant with one count of possession of child pornography after a prior conviction for such possession in violation of Penal Code section 311.11, subdivision (b).1 The information further alleged (a) defendant was out on bail or his own recognizance in case number PA080876 when he committed the current offense, and (b) defendant had suffered a prior serious or violent felony within the meaning of the Three Strikes Law (§§ 667, subds. (b)-(i), 1170.12). Defendant entered a no contest plea to the child pornography charge in this case and admitted that he had suffered a prior strike conviction. He also pled no contest in case number PA080876 to one count of committing a lewd act on child in violation of section 288, subdivision (a), and one count of falling to update his sexual offender registration annually in violation of section 290.12, subdivision (a). Pursuant to a plea agreement, the court sentenced defendant to a total term of 10 years. The court designated case number PA080876 as the principal case, and imposed a sentence of seven years, four months for the convictions in that case. In this case, PA083022, the trial court imposed one-third the mid-term, doubled pursuant the Three Strikes Law, for a total term of two years, eight months, to be served consecutively to the sentence in case number PA080876. The court imposed the requisite fines, fees, and assessments, and gave defendant a total of 241 days of sentencing credit (210 days of actual custody and 31 days of conduct credit).