Filed 5/13/14 P. v. D emanuel CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE,

Plaintiff and Respondent,

v.

E NRIQUE DEMANUEL

,

Defendant and Appellant. B2 5 03 4 7

(Los Angeles County

Super. Ct. No. M A 0554 2 8 )

APPEAL from a judgment of the Superior Court of Los Angeles County,

Kathleen Blanchard, Judge. Affirmed.

David M. Thompson , under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

________________________ ____2

Based on allegations Enrique Dem anuel had sexually assaulted his girlfriend’s

daughter s for approximately two years, Demanuel was arrested and charged in an

information with having committed two counts of lewd act s upon a child under the age of

14 years ( Pen. Code, § 288, subd. (a ))

. 1 The information also alleged multiple victims

,

qualifying him for sentencing under section, 667.61, subdivisions (b) and (e). Demanuel

pleaded not guilty

.

Before trial

, Demanuel made a motion to replace his appointed counsel ( People v.

Marsden (1970) 2 Cal.3d 118) , which the trial court heard and den ied. A jury convicted

Demanuel as charged and found true the multiple victim all egation. The court sentenced

Demanuel to two consecutive indeterminate terms of 15 years to life in state prison. 2 The

court ordered Demanuel to pay on each count a $40 court security fee and a $30 criminal

conviction assessment and to register as a sex offender

. The court imposed a $ 10,000

restitution fine and a $ 5 00 sex offender fine and imposed and suspended a parole

revocation fine pursuant to section 1202.45. Deman uel was awarded a total of 4 28 days

of presentence custody credit

.

We appointed counsel to represent Demanuel on appeal. After an examination of

the record, counsel filed an opening brief in which no issues were raised. On January 8,

2014, we advised Demanuel he had 30 days in which to personally submit any

contentions or issues he wished us to consider. We hav e received no response to date.

W e have examined the record and are satisfied Demanuel ’ s attorney has fully

complied with the responsibilities of counsel and no arguable issue exists

. ( Smith v.

Robbins (2000) 528 U.S. 259, 277

- 284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly

(2006) 40 Cal.4th 106, 112

- 113; People v

. Wende (1979) 25 Cal.3d 436, 441.)

1 Statutory references are to the Penal Code.

2 On the People’s motion prior to sentencing, the trial court dismissed special

allegations, arising from convictions in the state of Virginia, that Demanuel had suffered

one prior serious violent felony conviction pursuant to section 667, subdivision (a)(1) and

two prior serious or vi olent felony convictions within the meaning of the three strikes law

(§§ 667, subds. (b)

- (i) ; 1170.12, sub ds. (a)

- (d)) and had served one separate prison term

for a felony . ( § 667.5, subd. (b))

.3 DISPOSITION

The judgment is affirmed.

ZELON

, J.

We concur:

PERLUSS, P. J.

SEGAL, J. *

* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to

article VI, section 6 of the California Constitution.