People v. Dickerson CA1/2

Filed 6/24/24 P. v. Dickerson CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, A169508 v. MATTHEW EDWARD DICKERSON, (Humboldt County Super. Ct. No. CR2202322) Defendant and Appellant.

Defendant Matthew Dickerson pled guilty to three counts of unlawful sexual intercourse with a minor under 16 years of age. The trial court denied probation and sentenced him to four years in prison; the court also required him to register as a sex offender for 10 years. Dickerson’s appointed counsel has filed a brief that raises no issue for appeal and asks this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. BACKGROUND1

Between August 12 and 17, 2022, Dickerson, then 44 years old, had sexual intercourse three times with 14-year-old Jane Doe. Dickerson had

1 The parties stipulated to the facts.

1

been in a relationship with Doe’s mother for about two years and lived with Doe and her mother at the time of the offenses. In February 2023, Dickerson was charged by information with: (1) three counts of lewd acts on a 14 year old who was at least 10 years younger than him (Pen. Code,2 § 288, subd. (c)(1); counts 1, 2, 3); (2) three counts of unlawful sexual intercourse with a minor under 16 years old (§ 261.5, subd. (d); counts 4, 5, 6); and (3) two counts of sexual penetration by foreign object of a minor under 16 years old (§ 289, subd. (i); counts 7, 8). As to all counts, the information also alleged: (1) the victim was particularly vulnerable; (2) the manner in which the crimes were carried out indicated planning, sophistication, or professionalism; and (3) Dickerson took advantage of a position of trust or confidence. In May 2023, the trial court granted Dickerson’s motion for mistrial due to late discovery. In June 2023, an amended information was filed that contained the same counts and allegations as previously charged. On October 11, 2023, Dickerson pled guilty to counts 4, 5, and 6 as part of an open plea in exchange for the dismissal of the remaining counts. He further admitted the aggravating circumstance that Doe was a vulnerable victim. Dickerson was specifically advised his open plea meant there were no guarantees as to sentence, and he faced anything from the minimum of probation to the maximum term of six years in prison. The parties stipulated to a factual basis for the plea. The court determined Dickerson, who was represented by counsel, was advised of, understood, and waived the right to trial, the privilege against self-incrimination, the right to produce evidence