PEOPLE v. RAMOS

No. D070988.

THE PEOPLE, Plaintiff and Respondent, v. LUIS RAMOS, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.


Attorney(s) appearing for the Case

Johanna S. Schiavoni , under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

HUFFMAN, Acting P. J.

Luis Ramos entered into a plea agreement. Pursuant to that agreement Ramos pleaded guilty to eight counts of felony sexual battery (Pen. Code,1 § 243.4); one count of forcible sexual penetration (§ 289, subd. (e)); one count of attempted forcible sexual penetration (§§ 289, subd. (e), 664); and three counts of misdemeanor sexual battery (§ 243.4, subd. (e)(1)). The agreement called for the dismissal of the remaining charges and stipulated to a sentence "lid" of 15 years in prison.

The court denied the defense request for probation and sentenced Ramos to a term of 15 years in prison. Ramos filed a timely notice of appeal, but did not include a certificate of probable cause (§ 1237.5). Thus the appeal is from matters occurring after the plea.

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating she has been unable to identify any arguable issue for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Ramos the opportunity to file his own brief on appeal, but he has not responded.

STATEMENT OF FACTS

Since this appeal is from a plea of guilty we will take the facts of the underlying offenses from the factual statements set forth in the change of plea form.

"I now plead Guilty and admit the charges described in paragraph # 1 of the Change of Plea form attached. I admit that on the dates charged, I willfully and unlawfully, without consent of said persons, and doing so with the purpose of my own sexual arousal and gratification: [¶] Touched an intimate part of [8] different people who were anesthetized for medical treatment and were therefore incapacitated; [¶] Committed an act of sexual penetration upon another person who was prevented from resisting due to anesthesia; [¶] Attempted to commit an act of sexual penetration upon another person who was prevented from resisting due to anesthesia; [¶] Touched an intimate part of 3 additional people."

DISCUSSION

As we have noted, counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436 and has asked this court to review the record for error. Consistent with counsel's responsibility under Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible, but not reasonably arguable issue on appeal:

Whether the trial court abused its discretion in denying the request for probation and in selecting a 15-year term of imprisonment.

We have reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738 and have not identified any reasonably arguable issue for reversal on appeal. Competent counsel has represented Ramos on this appeal.

DISPOSITION

The judgment is affirmed.

NARES, J. and O'ROURKE, J., concurs.

FootNotes


1. All further statutory references are to the Penal Code unless otherwise specified.

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