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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E057064
v. (Super.Ct.No. RIF1100195)
RUBEN AVALOS, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Jeffrey Prevost, Judge.
Affirmed.
Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
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INTRODUCTION
On July 6, 2011, an information was filed against defendant and appellant Ruben
Avalos1 involving three victims. As to Jane Doe 1, defendant was charged with five
counts of engaging in unlawful sexual intercourse 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 penetration (§ 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 was 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 negotiated disposition was reached. 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: counts 12 and 13 as to Jane Doe 1; counts 14
and 15 as to Jane Doe 2; and counts 16 and 17 as to Jane Doe 3. Defendant pled guilty to
counts 12 through 17, in exchange for stipulated sentence 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.”
2
At the sentencing hearing, the trial court 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 sentenced to the upper term of eight years on that
count. Consecutive upper terms of eight years were imposed on counts 13 through 16,
and a consecutive midterm of six years was imposed on count 17. The trial court
awarded defendant 676 days of custody credits under section 2933.1. The court imposed
a $200 restitution fine under section 1202.4, and a $200 parole revocation fine under
section 1202.45, suspended pending successful completion of parole. The court also
ordered defendant to register under section 290.
Defendant filed a timely notice of appeal, and Appellate Defendants, Inc., filed a
timely amended notice.
STATEMENT OF FACTS
In his plea agreement, defendant agreed that “I did the things that are stated in the
charges that I am admitting.”
ANALYSIS
After defendant appealed, and upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of
the case, a summary of the facts and potential arguable issues, and requesting this court to
undertake a review of the entire record.
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We offered defendant an opportunity 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.
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