1 Filed 5/2/13 P. v. Avalos CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELL ATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent,

v. RUBEN AVALOS, Defendant and Appellant. E057064 (Super.Ct.No. RIF1100195)

OPINION

APPEAL from the Superior Court of Ri verside County. Jeffre y Prevost, Judge.

Affirmed. Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.2 INTRODUCTION On July 6, 2011, an information was filed agains t defendant and appellant Ruben

Avalos 1 involving three victims. As to Jane Doe 1, defenda nt was charged with five counts of engaging in unlawful sexual interc ourse or sodomy with a person 10 years of age or younger. (Pen. Code, § 288.7, subd. (a ), counts 1-5.) As to Jane Doe 2, defendant was charged with one count of engaging in oral copulation or sexual pe netration (§ 288.7, subd. (b), count 6), and two counts of committing a lewd or lascivious act (§ 288, subd. (a), counts 7 & 8). As to Jane Doe 3, defendant wa s charged with one count of engaging in unlawful sexual intercourse or sodomy with a person 10 years of age or younger (§ 288.7, subd. (a), count 9), and two counts of engaging in oral copulation or sexual penetration (§ 288.7, subd. (b), counts 10 & 11). On August 2, 2012 , jury voir dire commenced. However, on August 7, 2012, prior to the completion of jury selection, a negotia ted disposition was reache d. By stipulation of the parties, six counts of section 288, subdivision (b)(1), (committing a lewd act on a child using force or violence), were added: coun ts 12 and 13 as to Ja ne Doe 1; counts 14 and 15 as to Jane Doe 2; and co unts 16 and 17 as to Jane Doe 3. Defendant pled guilty to counts 12 through 17, in exchange for stipulated senten ce of 46 years in state prison and the dismissal of the balance of the charges.

1 The court notes that the record shows defendant’s name both as “Ruben Avalos” and as “Ruben Avalos Camarillo.”3 At the sentencing hearing, the trial cour t denied probation. The trial court then sentenced defendant to the agreed term of 46 years in state prison. Count 12 was deemed the principal count, and defendant was sentence d to the upper term of eight years on that count. Consecutive upper terms of eight ye ars were imposed on counts 13 through 16, and a consecutive midterm of six years wa s imposed on count 17. The trial court awarded defendant 676 days of custody cred its under section 2933.1. The court imposed a $200 restitution fine under section 1202.4, and a $200 pa role revocation fine under section 1202.45, suspended pending successf ul completion of parole. The court also ordered defendant to regi ster under section 290. Defendant filed a timely notice of appeal , and Appellate Defenda nts, Inc., filed a timely amended notice.

STATEMENT OF FACTS In his plea agreement, defend ant agreed that “I did the th ings that are stated in the charges that I am admitting.”

ANALYSIS After defendant appealed, and upon his re quest, this court appointed counsel to represent him. Counsel has file d a brief under the authority of People v. Wende (1979)

25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, se tting forth a statement of the case, a summary of the fact s and potential arguable issues, and requesting this court to

undertake a review of the entire record.4 We offered defendant an oppo rtunity to file a personal supplemental brief, but he

has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal. 4th 106, we have conducted an independent review of the record and find no arguable issues.

DISPOSITION The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER J.

We concur:

RAMIREZ P. J.

KING J.