People v. PerezCanas CA2/1

Filed 4/28/23 P. v. PerezCanas CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B322671

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA094869) v.

JORGE ALBERTO PEREZCANAS,

Defendant and Appellant.

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

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INTRODUCTION Defendant Jorge Alberto PerezCanas pled no contest to continuous sexual abuse of a child (Pen. Code,1 § 288.5, subd. (a)) and was sentenced to six years in prison. He appealed but did not request a certificate of probable cause regarding any appellate issues. His appellate counsel then filed a brief under People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues on appeal and requesting that we independently review the record to determine whether there are any arguable issues. We have reviewed the record and find no arguable issues, and therefore affirm. BACKGROUND In an information filed on August 12, 2021, the People charged defendant with one count of continuous sexual abuse of a child. (§ 288.5, subd. (a).) Defendant was accused of touching the victim’s vagina on multiple occasions from November 2018 to July 2020. A conviction under section 288.5, subdivision (a) carries a prison term of 6, 12 or 16 years. (Ibid.) On June 16, 2022, defendant waived his trial rights and pled no contest to the charge, agreeing to a six-year sentence with a waiver of pre-sentence credits. The parties stipulated to a factual basis for the plea and the court accepted defendant’s plea and waivers on the record, finding them to have been knowingly, intelligently and voluntarily made. The court imposed a six-year prison sentence with a waiver of pre-sentence credits all according to the negotiated plea agreement. Also consistent with