People v. Diaz CA6

Filed 5/29/15 P. v. Diaz CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040549

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. B1154638)

v.

ROBERTO DIAZ,

Defendant and Appellant.

A jury found defendant Roberto Diaz guilty of one count of lewd or lascivious conduct (Pen. Code, § 288, subd. (c)(1)) for inappropriately touching one of his stepdaughters while she was sleeping in her bed. The trial court sentenced defendant to two years in state prison. Upon defendant’s timely appeal, we appointed counsel to represent him in this court. Appellate counsel filed a brief stating the case and facts but raising no issues. We notified defendant of his right to submit written argument on his own behalf…