People v. Groves CA5

Filed 6/24/21 P. v. Groves CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE , F080102 Plaintiff and Respondent, (Super. Ct. No. BF176360A) v.

REGGIE GROVES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge. Robert Navarro, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Smith, J. and De Santos, J.

Appointed counsel for appellant Reggie Groves asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436. Groves was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. To date, no supplemental brief has been filed. Finding no arguable error that would result in a disposition more favorable to Groves, we affirm. PROCEDURAL HISTORY On June 24, 2019, the Kern County District Attorney’s Office filed an information charging Groves with four counts of committing a lewd or lascivious act on a child under the age of 14 (Pen. Code,1 § 288, subd. (a), counts 1, 2, 3 & 5), and one count of oral copulation or sexual penetration of a child under the age of 10 (§ 288.7, subd. (b), count 4). As to counts 1 through 3 and 5, the information further alleged special circumstances based upon the fact that the offenses were committed against multiple victims (§ 667.61, subd. (e)(4)), and the victims were under the age of 14 (id., subd. (j)(2)).2 On August 28, 2019, during jury selection, Groves entered an open plea of guilty to all counts. In addition, he admitted the special circumstances alleged in the amended information. The trial court indicated that it would impose the indeterminate sentences associated with each count concurrently, rather than consecutive to one another. On September 25, 2019, the trial court sentenced Groves to a prison term of 25 years to life on count 5. On counts 1 through 3, Groves was sentenced to 25 years to life, to be served concurrent with the sentence imposed on count 5. On count 4, he was