People v. Vaz CA6

Filed 10/1/21 P. v. Vaz CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H048614 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1882211 )

v.

BENNY CLIFFORD VAZ,

Defendant and Appellant.

Defendant Benny Clifford Vaz pleaded no contest to one count of felony sexual battery and one count of misdemeanor sexual battery in exchange for a three-year top and the dismissal of other charges. Consistent with the plea agreement, the trial court sentenced defendant to a two-year prison term. The court also imposed various fines and fees, including a $129.75 criminal justice administration fee. On appeal, defendant’s counsel filed an opening brief in which no issues are raised and asked this court to independently review the record under People v. Wende (1979) 25 Cal.3d 436. We sent a letter to defendant notifying him of his right to submit a written argument on his own behalf on appeal. He has not done so. We obtained supplemental briefing from the parties addressing the impact of Government Code section 6111 on the criminal justice administration fee. Pursuant to Government Code section 6111, we vacate any portion of the criminal justice administration fee that remained unpaid as of July 1, 2021. We also correct clerical

errors in the abstract of judgment and sentencing minute order and affirm the judgment as modified. I. BACKGROUND1 At the time of the offenses, defendant was in his 30s. He lived in a one-bedroom apartment with his wife and child, his wife’s parents, and his then-16-year-old sister-in- law (the victim). The victim began working at the restaurant where defendant worked in June 2017. Defendant drove her to and from work. In July 2017, defendant groped the victim’s breasts in the parking lot after work. When she tried to get away, he put his arms around her neck and applied pressure until she could not breathe. In October 2017, the defendant groped the victim’s breasts while driving her home from work. She pushed his hand away and scratched his arm. A couple of days later, defendant assaulted the victim in the back of his vehicle on the way home from work. During the assault, he bit her breasts hard enough to cause bruising and digitally penetrated her vagina and anus. Later that month, the victim reported the incident to a school counselor, as well as to her mother and sister. Defendant’s wife—the victim’s sister—confronted the defendant. He admitted to having a sexual encounter with the victim in his vehicle, but said it was consensual. In 2018, defendant was charged with two counts of forcible sexual penetration (Pen. Code § 289, subd. (a)(1)(A); counts 1, 3);2 two counts of felony sexual battery (§§ 242, 243.4; counts 2, 6); misdemeanor sexual battery (§§ 242, 243.4, subd. (e)(1); count 4); and assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4); count 5). On May 24, 2019, defendant pleaded no contest to counts 2 and 4—one count each of felony sexual battery and misdemeanor sexual battery. In exchange, the prosecutor agreed to the dismissal of the other charges and a three-year top.