THE PEOPLE v. REYNALDO SALGADO (2010)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Between February 2005 and June 2008, Reynaldo Salgado committed multiple lewd acts on Kimberly C., a child under the age of 14 years old, while they were living in the same home with Kimberly's younger brother.   Salgado was the children's relative and guardian, and they knew him as “daddy.”   Police arrested Salgado in August 2008.

In January 2009, the People filed an information charging Salgado with five counts of lewd conduct with Kimberly (counts 1-5;  Pen.Code, § 288, subd. (a));  two counts of oral copulation and sexual penetration with Kimberly (counts 13 & 15;  Pen.Code, § 288.7, subd. (b));  and one count of intercourse and sodomy with Kimberly (count 14;  Pen.Code, § 288.7, subd. (a)).  The information also included a count charging Salgado with lewd conduct with Kimberly's younger brother (count 8;  Pen.Code, § 288, subd. (a)).  As to the count of lewd conduct with Kimberly charged in count 4, the information further alleged that Salgado had engaged in substantial sexual conduct with Kimberly.  (Pen.Code, § 1203.066, subd. (a)(8).)   As to all of the charged lewd conduct charges (counts 1-5 & 8), the information alleged a multiple victims enhancement under Penal Code sections 667.61, subdivision (c), and 1203.066, subdivision (a)(7).

On May 7, 2009, Salgado agreed to accept a negotiated plea agreement under which the information would be amended to add a count alleging continuous sexual abuse against Kimberly (count 16;  Pen.Code, § 288.5), and he would enter a plea of no contest to the added charge of continuous sexual abuse, and to five counts of lewd conduct with a minor (counts 1-5 & 16) in exchange for dismissal of the remaining four counts and enhancement allegations.   Salgado waived his constitutional trial rights, acknowledged the consequences of a plea, and then pleaded guilty in accord with his plea agreement.   His trial counsel stipulated that there was a factual basis for Salgado's plea based on the police reports and the evidence presented at his preliminary hearing.

The trial court sentenced Salgado in accord with his plea agreement to 26 years in state prison as follows:  a 16-year upper term on count 16, plus 5 consecutive one-third midterms of 2 years each on counts 1 through 5.

On May 21, 2009, Salgado filed a timely notice of appeal, including a request for a certificate of probable cause, which the trial court granted.

We appointed counsel to represent Salgado and on November 25, 2009, his appointed counsel filed an opening brief raising no issues.   On the same day, we notified Salgado by letter that he could submit any ground of appeal, argument or contention which he wished our court to consider.   Salgado has not responded to our letter.   We have independently reviewed the record on appeal, and are satisfied that Salgado's appointed counsel has fulfilled her duty, and that no arguable issues exist.  (See People v. Wende (1979) 25 Cal.3d 436;  People v. Kelly (2006) 40 Cal.4th 106.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

We concur:

LICHTMAN, J.^*

FOOTNOTES

FOOTNOTE.  FN*.Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

FLIER, Acting P. J.