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The People v. Alvin Icayan De Lara

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT Sacramento


March 14, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ALVIN ICAYAN DE LARA, DEFENDANT AND APPELLANT.

Super. Ct. No. 09F03115

The opinion of the court was delivered by: Butz ,j.

P. v. De Lara CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Alvin Icayan De Lara entered a negotiated plea of no contest to four counts: lewd and lascivious conduct, digital penetration, forcible oral copulation, and forcible rape. The trial court sentenced him to 24 years in state prison in accordance with the plea.

Defendant's ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110, 124. Having reviewed the record as required by Wende, we shall affirm the judgment. In accordance with Kelly, we will provide a summary of the offenses and the proceedings in the trial court.

Defendant sexually molested S.E. Between April 20, 2001, and April 19, 2004, when S.E. was between 11 and 13 years old, defendant put her hand on his penis. Between March 1, 2008, and April 19, 2008, he forcibly digitally penetrated S.E. Between August 1, 2008, and September 30, 2008, he forced S.E. to participate in oral copulation. During that time, he also forcibly raped her. Defendant was charged with four counts of lewd and lascivious conduct (Pen. Code, § 288, subd. (a)),*fn1 one count of digital penetration (§ 289, subd. (a)(1)), two counts of forcible oral copulation (§ 288a, subd. (c)(2)), and one count of forcible rape (§ 261, subd. (a)(2)).

Pursuant to a negotiated plea, defendant pleaded no contest to one count of lewd and lascivious conduct, one count of digital penetration, one count of forcible oral copulation, and one count of forcible rape. Defendant agreed to a stipulated sentence of 24 years, with the remaining charges being dismissed with a Harvey*fn2 waiver. Defendant was sentenced in accordance with the plea. He was awarded 462 days of actual presentence credit and credited with an additional 69 days of custody credit for a total of 531 days of credit. A restitution fund fine of $4,800 was imposed, and jurisdiction was reserved on the issue of victim restitution. Various mandatory fines and fees were imposed. Defendant did not obtain a certificate of probable cause.

Appointed counsel set forth the facts of the case and requested this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: ROBIE, Acting P.J. DUARTE ,J.


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