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Filed 7/21/16 P. v. Manning CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

v.

RONALD MORGAN MANNING,

Defendant and Appellant. A147663

(Del Norte County

Super. Ct. No. CRF15

- 9538)

In an information filed on August 19 , 2015, defendant Ronald Morgan Manning

was charged with the felony offenses of committing a lewd act on a child (Pen. Code, 1

§ 288, subd. (c)(1)) (count one); oral copulation of person under 16 (§ 288a, subd. (b)(2))

(count two); unlawful sexual intercourse with a minor (§ 2 61.5, subd. (c)) (counts three

and four); child endangerment (§ 273a, subd. (a)) (count five); corporal injury to spouse

or co

- habitant (§ 273.5) (count six); and dissuading a witness from prosecuting a crime

(§ 136.1, subd. (b)(2)) (count seven).

On October 16, 2015, at a change of plea proceeding, after a full advisement of his

rights, defendant, represented by counsel, pleaded guilty to commission of a le wd act

(count one), unlawful sexual intercourse (count four), and corporal infliction of injury on

a spouse or co

- habitant (count six). Defendant stipulated that the preliminary hearing

transcript constituted a factual basis for the pleas. All sentencing options were open to

the court, from probation to a maximum aggregate term of f ive years and four months to

1 All further unspecified statutory references are to the Penal Code.2

be served in state prison . On December 2, 2015, defendant moved to withdraw his plea

based on ineffective assistance of trial counsel

. The court appointed separate counsel

only to represent defendant concerning his motion to withdraw his plea. Following a

hearing on January 12, 2016, the court explained its reasons for finding that t here was no

good cause shown to allow withdrawal of the plea.

On January 21, 2016, at sentencing, the trial court explained its reasons for both

denying defendant’s request for probation and sentenc ing him to an aggregate term of

four years and four months to be served in state prison, consisting of three years (the

middle term) on the corporal infliction of an injury conviction, plus consecutive terms of

eight months (1/3 the middle term) on the commission of a lewd act conviction and eight

months (1/3 the middle term) on the unlawful sexual intercourse conviction. The

remaining counts were dismissed. The court awarded 356 days of credit for time served.

Defendant’s appellate counsel has filed a brief raising no issues and asks us to

independently review the record under People v. Wende (1979) 25 Cal.3d 436. We have

conducted that review, and agree with appellate counsel that there are no issues

warranting further briefing. As required under People v. Kelly (2006) 40 Cal.4th 106,

124, we affirmatively note that appellate counsel has informed defendant of his rig ht to

file a supplemental brief and he has not filed such a brief.

DISPOSITION

The judgment is affirmed.

_________________________ Jenkins, J.

We concur:

_________________________ McGuiness, P. J.3

_________________________ Siggins, J.

People v. Ronald Morgan Manning , A147663