People v. Serrano CA5

Filed 7/24/23 P. v. Serrano 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085640 Plaintiff and Respondent, (Super. Ct. No. F22907474) v.

DAVID SERRANO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jon N. Kapetan, Judge. Michele A. Douglass, 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 Levy, Acting P. J., Snauffer, J. and DeSantos, J.

INTRODUCTION Appellant and defendant David Serrano (appellant) pleaded no contest to a misdemeanor offense and was placed on probation. On appeal, his appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has filed a letter brief. We address appellant’s contentions, review the record, and affirm. PROCEDURAL BACKGROUND On October 13, 2022, a felony complaint was filed in the Superior Court of Fresno County charging appellant with count 1, commission of a lewd and lascivious act upon a child, Jane Doe, who was 14 or 15 years old, and appellant was at least 10 years older than the victim, on or about October 11, 2022 (Pen. Code,1 § 288, subd. (c)(1)), with one prior strike conviction.2 On October 14, 2022, the trial court appointed counsel and appellant pleaded not guilty. The court issued a criminal protective order. Plea and sentencing hearing On December 20, 2022, the trial court convened the scheduled preliminary hearing. The parties advised the court they had reached a resolution, and appellant would plead to a misdemeanor violation of section 647.6 and register as a sex offender for 10 years. The prosecutor stated the victim and her family agreed with this resolution if a

1 All further statutory citations are to the Penal Code. 2 The record does not state any facts about the charged offense aside from the allegations in the felony complaint. Appellant waived a preliminary hearing and entered a misdemeanor plea, and a probation report was not prepared in this case. The parties stipulated to the police reports for the factual basis, but such reports are not in this record.