People v. Medina CA2/4

Filed 4/25/23 P. v. Medina CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B320319

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. KA121888)

v.

JOSE CRUZ MEDINA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jacqueline H. Lewis, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Appellant Jose Cruz Medina appeals after pleading guilty to two sex offenses. His counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have independently examined the entire record and conclude no arguable issues exist. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND An information filed March 4, 2020 charged appellant with one count of oral copulation or sexual penetration of a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b); count 1) 1, and two counts of lewd act upon a child under age 14 (§ 288, subd. (a); counts 2 and 3). The information further alleged a multiple victim enhancement on counts 2 and 3 (§ 667.61, subds. (a), (e)). On May 12, 2021 appellant and the prosecution entered into a plea agreement. Pursuant to the agreement, the prosecution amended the information to add one count of continuous sexual abuse of a child under the age of 14 (§ 288.5, subd. (a); count 4). Appellant pled guilty to count 3 and the newly added count 4, and the prosecution dismissed the remaining charges and allegations. The parties agreed that appellant would be sentenced to the midterm of 12 years on count 4 and a consecutive term of two years (one-third the midterm) on count 3. Prior to sentencing, appellant’s counsel was relieved from representing him. Appellant’s new counsel filed a motion to withdraw his plea based on previous counsel’s alleged provision