People v. PerezCanas CA2/1

Good Law
Court of Appeal of CaliforniaApril 28, 2023B322671California666 words

Opinion

Opinion

Weingart, J.

INTRODUCTION

Defendant Jorge Alberto PerezCanas pled no contest to continuous sexual abuse of a child (Pen. Code,1 § 288.5, subd. (a)) and was sentenced to six years in prison. He appealed but did not request a certificate of probable cause regarding any appellate issues. His appellate counsel then filed a brief under People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues on appeal and requesting that we independently review the record to determine whether there are any arguable issues. We have reviewed the record and find no arguable issues, and therefore affirm.

BACKGROUND

In an information filed on August 12, 2021, the People charged defendant with one count of continuous sexual abuse of a child. (§ 288.5, subd. (a).) Defendant was accused of touching the victim’s vagina on multiple occasions from November 2018 to July 2020. A conviction under section 288.5, subdivision (a) carries a prison term of 6, 12 or 16 years. (Ibid.) On June 16, 2022, defendant waived his trial rights and pled no contest to the charge, agreeing to a six-year sentence with a waiver of pre-sentence credits. The parties stipulated to a factual basis for the plea and the court accepted…

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