Filed 7/1/ 24 P. v. Gutierrez CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent,

v.

CHRISTOPHER GUTIERREZ

,

Defendant and Appellant. B3 2 8 571

(Los Angeles County Super. Ct. No. B A 485722 )

THE COURT:

Christopher Gutierrez (defendant) appeals his judgment of
conviction for attempting to commit a lewd act upon a child under the ag e of 14 years by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury. His appointed
counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d

436 ( Wende ) , raising no issues

. On February 6, 2024, we sent
defend ant a letter notifying him of his counsel’s brief and gave2

him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. Defendant requested a n extension of time to file a response and

w e grant ed him an additional 30 days. That time has elapsed,
and defendant has submitted no brief or letter. We have reviewed the entire record and, finding no arguable issues, affirm the judgment

. On February 11, 2020, 11

- year

- old K

. J. was walking home
from sch ool when defendant

, who was driving down the street, pulled over and asked her for directions. K .J. responded that she could not help and continued walking home. A few minutes later

, defendant stopped again near an alley, and through the open
driver’s si de window, called K .J. over to him. When K .J. approached the vehicle

, defendant grabbed her by the arm and put her hand over a manila folder sitting on his lap. Defendant then moved the folder and tried to put K .J. ’s hand under the
folder. Defendant’s p ants were open
, and when K .J. pulled back
from the truck

, she saw defendant’s penis. K .J. quickly ran away from the truck until she saw her friend Rosa and they walked together to K .J. ’s home. K .J. and her mother went to the police and reported the incid ent. The police identified defendant as the registered owner of the vehicle from v ideo surveillance footage. Defendant proceeded to trial by jury and was convicted of
the crime of attempted aggravated lewd conduct on a child under age 14, as proscribe d by Pen al Code section 288, subd ivision (b)(1). Defendant waived jury trial on, and stipulated to, the aggravating factors set forth in California Rules of Court, rule 4.421(b)(1) (defendant engaged in violent conduct), rule 4.421(b)(2) (numerous or incr easingly serious prior convictions)

, and rule 4.421(b)(3) (defendant served a prior prison term). The3

trial court sentenced defendant to the midterm of four years. Defendant filed a timely notice of appeal. We have independently examined the entire record on appeal and are satisfied that defendant’s appellate counsel has fully complied with her responsibilities and that no arguable issues exist. ( Wende

, supra , 25 Cal.3d at p. 441.) Defendant has, by virtue of counsel’s compliance with the
Wende procedure and our independent review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (See Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 123

- 124.)
DISPOSITION
The judgment is affirmed

. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

.

—————————————————————————————— LUI , P. J., CHAVEZ, J., HOFFSTADT, J.