Filed 3/2/15 P. v. Martinez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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). Thi s opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL , FOURTH APPELLATE DISTRICT

DIVISION ONE
STATE OF CALIFORNIA

THE PEOPLE, Plaintiff and Respondent,

v. JOSE NETZA MARTINEZ , Defen dant and Appellant. D066 659

(Super. Ct. No. SC S26 9689 )

APPEAL from a judgment of the Superior Court of San Diego County, Garry G.
Haehnle , Judge. Affirmed.
David K. Rankin , under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Jose Netza Martinez ple ade d guilty to one count of co ntinuous sexual abuse of a

child (Pen. Code, § 2 88.5, subd. (a) ) 1 and admitted having substantial sexual conduct with a child under the age of 14 years (§ 1 203.066 , subd. ( a ) ( 8 ) )

. He also admitted that the victim was under the age of 18 years and that the court ' s action began prior to the

1 All statutory references are to the Penal Code

.2

victim ' s 2 8th birthday. (§ 801.1, subd. (a).) The trial court sentenced Martinez to 16

years in prison and ordered him to pay fines and fees

. Appointed appellate counsel filed a brief presenting no argument for reversal, but inviting this court to review the record for error in accordance with People v. Wende (1979) 25 Cal.3d 436 ( Wende ). After having independently revi ewed the entire record for error, as required by Anders v. California (1967) 386 U.S. 738 ( Anders ) and Wende , we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On January 13, 2014 , Martinez was charged with four counts of committing a lewd act upon a child, f

our counts of committing a lewd act upon a child 14 or 15 years of age, four counts of unlawful sexual intercourse with a minor under 16 years of age, oral copulation on a person under 16 years of age, four count s of oral copulation of a person under 18 ye ars of age, and one count of secretly filming a person. (§§ 288, subd. (a), 288, subd. (c)(1), 261.5, subd. (d), 288a, subd. (b)(2), 288a, subd. (b)(1), 647, subd. (j)(3)(A)

. ) The victim was Martinez ' stepdaughter.
On June 23 , 2014, Martinez ple a d ed g uilty to one count of continuous sexual
abuse of a child and admitted that substantial sexual conduct had occurred when the victim was less than 14 years old. (§§ 288.5, subd. (a), 1203.066, subd. (a)(8).) The prosecution agreed to dismiss the other coun t s and allow the trial court to determine the length of the sentence, which was to be either 12 or 16 years in state prison

. Martinez
filed a written guilty plea acknowledging he had been advised of his constitutional rights and the consequences of his gu ilty plea. He admitted that he lived in the same home with3

the victim, who was under the age of 14 at the time, and that he had substantial sexual
contact with her. The court advised Martinez of his constitutional and trial rights and the consequences of his guilty plea. Martinez , under oath, acknowledged he was advised of his constitutional rights and the charges against him , and wished to plead guilty

. At sentencing, the court found that Martinez ' sexual abuse of the victim continued for seven years and stopped only when the victim moved away from home. Because Martinez continuously sexually abused the victim during an extended period of time, the court imposed the upper term of 16 years. Martinez received 279 days credit, calculated
as 243 actual d ays plus 36 days work time credit.
DISCUSSION Appointed appellate counsel has filed a brief summarizing the facts and proceedings in the trial court. Counsel has presented no argument for reversal, and
invited this court to review the record for error i n accordance with Wende , supra , 25 Cal.3d 436. Pursuant to Anders , supra , 386 U.S. 738, counsel identified the following as possible, but not arguable, issues:

" 1. W as appellant advised of his trial rights and the consequences of his plea prior to enterin g the plea bargain?

" 2. Is there a factual basis for the plea ?

" 3. Did appellant receive the agreed sentence?

" 4. Did appellant receive the correct pre

- sentencing credit?

" 5. Did the sentencing judge abuse his discretion in imposing the upper term of 16 y ears? "4

A review of the record pursuant to Wende , supra , 25 Cal.3d 436, and Anders , supra , 386 U.S. 738, including the issues suggested by counsel, has disclosed no reasonably arguable appellate issue. We granted Martinez permission to file a brief on
h is own behalf. He has not responded. Martinez has been represe nted by competent counsel on this appeal.
DISPOSITION The judgment is affirmed.

BENKE, J.
WE CONCUR:

McCONNELL, P. J.

HUFFMAN, J.