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The People v. Kao Seng Saeteurn

August 15, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
KAO SENG SAETEURN, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. 06F10648, 08F08167)

The opinion of the court was delivered by: Hoch , J.

P. v. Saeteurn 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant Kao Seng Saeteurn asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error that would result in a disposition more favorable to defendant. We note that the trial court did not identify all fines and fees on the record, and that the abstract of judgment does not specify all the fines and fees imposed upon defendant. Nor does the abstract reflect the date of conviction. Therefore, we remand the matter to the trial court to set forth the fines and fees on the record, and to amend the abstract of judgment to reflect the fines and fees imposed upon defendant and the date of conviction. In all other respects, the judgment is affirmed.

I.

Summary of Facts and Procedural History

Defendant was charged in two Sacramento County Superior Court cases.

In case No. 06F10648, on or about December 7, 2006, defendant used a firearm in an attempt to kidnap an adult victim.*fn1

Defendant was charged with attempted kidnapping (Pen. Code, §§ 664, 207, subd. (a) - count 1),*fn2 false imprisonment (§ 236 - count 2), assault with a firearm (§ 245, subd. (a)(2) - count 3), and unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a) - count 4). Counts 1 and 2 alleged firearm use pursuant to section 12022.53, subdivision (b), and count 3 alleged firearm use pursuant to section 12022.5, subdivisions (a) and (d).

In case No. 08F08167, between August 1, 2005, and December 31, 2005, defendant placed his penis in the vagina of T.T., who was less than 14 years of age, while they lived on Star Stone Way. (Count 1.) Between October 1, 2005, and June 1, 2007, defendant placed his penis in the vagina of T.T., who was under 14 years of age, while they lived on 42nd Avenue. (Count 2.) On or about June 11, 2008, defendant, who was more than 10 years older than the victim, placed his hand on T.T.'s breast, placed his hand on her vaginal area, and orally copulated her. (Counts 6, 7, and 8.)

Defendant was charged with three counts of lewd and lascivious conduct with a person under 14 years of age (§ 288, subd. (a) - counts 1-3) and five counts of lewd and lascivious conduct with a person 14 or 15 years old with the defendant being at least 10 years older than the person (§ 288, subd. (c)(1) - counts 4-8). It was further alleged that defendant committed the offenses in counts 4 through 8 while he was on bail release in case No. 06F10648 (§ 12022.1).

On November 2, 2010, defendant entered a plea bargain in both cases. In case No. 06F10648, he pled no contest to attempted kidnapping (count 1) and admitted the firearm allegation; in case No. 08F08167, he pled no contest to five child molestation charges (counts 1, 2, and 6-8). Defendant admitted to being released on bail in case No. 06F10648 when he committed the offenses in case No. 08F08167. Defendant's pleas and admissions were given in exchange for the dismissal of all other charges and a stipulated prison sentence of 20 years 6 months.

On May 19, 2011, the trial court imposed the agreed upon sentence as follows: (1) In case No. 06F10648, a term of two years six months (one-half middle term of five years) for the attempted kidnapping plus ten years for the personal firearm use; and (2) in case No. 08F08167, consecutive terms of two years each (one-third middle term of six years) for the child molestations in counts 1 and 2, consecutive terms of eight months each (one-third middle term of two ...


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