People v. Morales CA4/2

I.

INTRODUCTION

Pursuant to a negotiated disposition, defendant and appellant Jose Miguel Morales

pled guilty to three counts of committing a lewd act on a child under 14 years old by use

of force or fear (Pen. Code,1 § 288, subd. (b)(1)). In exchange, the remaining charges

were dismissed, and he was sentenced to the stipulated term of 15 years in state prison

with credit for time served. Defendant appeals from an order after judgment. Counsel

has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 (Wende)

and Anders v. California (1967) 386 U.S. 738 (Anders), requesting this court to conduct

an independent review of the record. In addition, defendant has had an opportunity to file

a supplemental brief with this court and has not done so. Based on our independent

review of the record, we find no error and affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND2

Defendant is Jane Doe’s stepfather. When Jane was 11 or 12 years old, defendant

began to sexually abuse her while they resided in a residence in Riverside. Defendant

would repeatedly place Jane on top of his lap and move her around from side to side.

Jane could feel his erect penis…