People v. Andrade CA5

Filed 5/17/22 P. v. Andrade 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082308 Plaintiff and Respondent, (Super. Ct. Nos. F19900807, v. F20902043)

SHAWN CURTIS ANDRADE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. James A. Kelley, Judge. Conness A. Thompson, 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 Hill, P. J., Detjen, J. and Franson, J.

Defendant Shawn Curtis Andrade pled no contest to child abuse and misdemeanor driving under the influence in Fresno County Superior Court case No. F19900807, and no contest to a lewd or lascivious act with a minor under 14 years of age and sexual battery by restraint in Fresno County Superior Court case No. F20902043 (both appealed in court of appeal case No. F082308). As to both cases, defendant’s appellate counsel filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record.1 (People v. Wende (1979) 25 Cal.3d 436.) We have conducted an independent review. Finding that no reasonably arguable legal or factual issues exist, we affirm. PROCEDURAL SUMMARY On February 1, 2019, the Fresno County District Attorney filed a complaint in case No. F19900807, charging defendant with two counts of child abuse (Pen Code, § 273a, subd. (a);2 counts 1 & 2), two misdemeanor counts of cruelty to a child by inflicting unjustifiable physical pain or mental suffering (§ 273a, subd. (b); counts 3 & 4), four misdemeanor counts of contributing to the delinquency of a minor (§ 272, subd. (a)(1); count 5–8), misdemeanor driving under the influence of alcohol (Veh. Code, § 23152, subd. (a); count 9) and misdemeanor driving with a blood-alcohol level of .08 percent or higher (Veh. Code, § 23152, subd. (b); count 10).

1 We notified defendant that he was permitted to submit a letter to supplement the Wende brief with any grounds he would like the court to consider. Defendant filed no response. We also filed an order directing defendant’s counsel to consider the impact of various recently enacted laws, effective after the date of filing of the Wende brief in this matter. Defendant’s counsel filed a response, indicating that she had reviewed the record and determined that none of the new changes in law presented any arguable issues in defendant’s case. 2 All further statutory references are to the Penal Code except as otherwise noted.