People v. Garcia CA1/4

Filed 10/22/21 P. v. Garcia CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A161764 v. RAUL DEJESUS GARCIA, (Napa County Super. Ct. No. 20CR000633) Defendant and Appellant.

Defendant Raul DeJesus Garcia appeals the judgment imposed following his plea of no contest to four felonies—a forcible lewd act (Pen. Code, § 288, subd. (b)(1)),1 forcible rape (§ 261, subd. (a)(2)), forcible sodomy (§ 286, subd. (c)(2)(B)), and continuous sexual abuse (§ 288.5, subd. (a)), each involving a child under age 14. He also admitted an allegation that the crimes involved substantial sexual conduct with a child under age 14 (§ 1203.066, subd. (a)). The court sentenced him to the agreed term of 42 years in prison. Defendant’s appointed appellate counsel has submitted a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 requesting that this court independently review the record, and has advised defendant of his right to submit a supplemental brief, which defendant has not done. This court’s

1 Statutory references are to the Penal Code unless otherwise stated.

1

review of the record has disclosed no issues that warrant further briefing, but one minor error in the abstract of judgment that requires correction.. According to the probation office’s report, Napa Sheriff’s Department officers responded to a report from a Child Protective Services (CPS) worker regarding several children being removed from the custody of defendant and his wife. One of the children, an eight-year-old girl, told the CPS worker that defendant had sexually molested both her and her 11-year-old sister (the minor), who were defendant’s stepdaughters. Sheriff’s deputies and CPS workers interviewed the minor, her sister, and their 10-year-old brother. The minor alleged that defendant had raped and sodomized her repeatedly over a three-year period. Deputies arrested defendant, who denied any wrongdoing. The arrest report indicates that the minor’s siblings corroborated her account. The district attorney’s office filed a complaint charging defendant with 20 felony counts involving sexual abuse of a child,2 and alleging that he used force and engaged in substantial sexual conduct (§ 1203.066, subds. (a)(1) & (a)(8)). Defendant, represented by hired counsel, pled not guilty and denied the special allegations. Defendant and the prosecution reached a plea agreement, pursuant to which the district attorney filed an amended complaint that retained the existing counts and allegations and added three felony counts: forcible rape of