People v. Saldivar CA4/3

Filed 1/26/23 P. v. Saldivar CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, G061588 Plaintiff and Respondent, (Super. Ct. No. 18CF3079) v. OPINION GERARDO AVILA SALDIVAR,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Michael J. Cassidy, Judge. Affirmed and remanded with instructions. Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

In 2022, defendant Gerardo Avila Saldivar (Saldivar) was charged in a first 1 amended information with eight counts of committing lewd acts on a child (Pen. Code, § 288, subd. (a)). There were three alleged victims: Saldivar’s niece and his two granddaughters (Granddaughter 1 and Granddaughter 2). Counts 1, 2, and 3 related to Saldivar’s niece; counts 4 and 5 related to Granddaughter 1; the remaining counts related to Granddaughter 2. There were also allegations related to multiple victims and the statute of limitations. Saldivar entered not guilty pleas to all counts and his trial commenced in April 2022. On April 28, 2022, the trial court dismissed count 3 pursuant to section 1118.1. The jury subsequently found Saldivar guilty of all remaining counts; it also found true the multiple victims and statute of limitations allegations. The trial court sentenced Saldivar to 25 years to life on count 4, a consecutive term of 25 years to life on count 6, a consecutive term of 6 years on count 1, and concurrent terms on the remaining 2 counts. Saldivar filed a timely notice of appeal authorized by section 1237, subdivision (a). We appointed counsel to represent Saldivar on appeal. After conducting his analysis of potential appellate issues, counsel informed us in his declaration that he reviewed the appellate record and consulted with a staff attorney at Appellate Defenders, Inc. who he believed also reviewed the record. Counsel then filed a brief pursuant to the procedures set forth in People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v.