People v. Ulloarivera CA1/5

Filed 7/7/22 P. v. Ulloarivera CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, A164414 v. FIDEL ULLOARIVERA, (San Mateo County Super. Ct. Defendant and Appellant. No. 19-NF-008722-A)

Fidel Ulloarivera appeals from a judgment following his no contest plea. His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We find no such issues and affirm.

BACKGROUND

Ulloarivera lived in the home of 13-year-old M. Doe and her family, although by the time these events occurred he had moved into the garage. Doe’s mother observed Ulloarivera, then 28, flirting with Doe, and found suggestive text messages between the two. Doe admitted to her mother that Ulloarivera had sexual intercourse with her on three occasions and had kissed her on the lips. She did not want to have sex with him.

1

During a pretext phone call, Doe’s mother falsely told Ulloarivera that he had impregnated Doe. Ulloarivera responded that had fallen in love with Doe and had not meant to impregnate her. He indicated he was aware of Doe’s age and later explained that it is not uncommon in his native Honduras for adult men to date young girls. He admitted to police that he had sexual intercourse with Doe approximately six times.

Ulloarivera was charged with eight counts of committing a lewd and lascivious act upon the body of a child under the age of 14. (Pen. Code § 288, subd. (a); counts one-three, seven-nine, and 14-15.)1 As to counts one-three and seven-nine, the information alleged as enhancements that Ulloarivera had substantial sexual contact with a minor younger than 14. (§ 1203.066, subd. (a)(8).) Ulloarivera was further charged with six counts of unlawful sexual intercourse by an adult over 21 years of age with a minor under age 16 (§ 261.5, subd. (d); counts four-six and 10-12) and one count of unlawful contact with a minor with the intent to violate section 288. (§ 288.3, subd. (a); count 13.)