P. v. Delima CA1/4 filed 6/29/26

Filed 6/29/26 P. v. Delima CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,
Plaintiff and Respondent,
v.
GUILHERME DELIMA,
Defendant and Appellant.

A172914

(Contra Costa County
Super. Ct. No.04-24-00009)

DefendantGuilherme Delima appealsfrom a six-year state prison sentence imposed after he pled guilty toone felony count of unlawful sexual intercourse with a minor (Pen. Code, § 261.5, subdivision (d)), pled no contest to seven related felony counts, and admitted one of the enhancing allegations and two of the alleged aggravating circumstances.Defendant entered his pleas and admitted the allegation and aggravating circumstances after the prosecution agreed to dismiss two of the alleged aggravating circumstances and the trial court indicated that it intended to impose a sentence of no more than eight years.
CitingPeople v. Wende (1979) 25 Cal.3d 436 (Wende),defendant’s counsel filed a brief summarizing the facts and asking this court to independently review the record to identify any issues warranting relief.Defendant received notice of his right to file a supplemental brief raising any issues he wished us to consider, but has failed to do so. Upon our independent review, we find no issues warranting further briefing and therefore affirm.
As summarized by the trial court, defendant, “a 39- or 40-year-old man[,] had on a number of occasions sexual intercourse with a 14-year-old. And the result of that is that the 14-year-old became pregnant and has given birth to a child.”
Based on these facts, the People charged defendant with eight felony counts and alleged multiple sentencing enhancements and circumstances in aggravation. After months of pretrial proceedings and discussions with the prosecutor and the court, defendantentered a guilty plea to one count of unlawful sexual intercourse with a minor under the age of 16 (§261.5, subdivision (d); count 5), and nocontest pleas to one count of kidnapping to commit another crime (§ 209; count 1), three counts of committing a lewd act upon a child (§ 288, subdivision (c)(1); counts 2–4), two additional counts of unlawful sexual intercourse with a minor under the age of 16 (§ 261.5, subdivision (d); counts 6 & 7), and one count of possession of child pornography (§ 311.11, subdivision (a); count 8).In connection with his pleas to one count of committing a lewd act upon a child (count 2) and one count of unlawful sexual intercourse with a minor under the age of 16 (count 5), defendantalso admitted theenhancing allegationthat he had personally inflicted great bodily injury upon the victim, in violation of section 12022.7, subdivision(a). As to all offenses, defendant further admitted the aggravating circumstances that he had been convicted of other crimes for which consecutive sentences could be imposed and that he had taken advantage of a position of trust in committing his crimes.
Consistent with its representation that it intended to impose a sentence of no more than eight years, the court sentenced defendant to a term of six years in state prison. The court reached this result by dismissing count one (kidnapping to commit another crime) pursuant to section 1385, imposing the upper term of three years on count two (committing a lewd act upon a child) based on the defendant’s admission regarding the aggravating circumstances, and adding a consecutive three-year term for the great bodily injury enhancement pursuant to section 12022.7, subdivision (a). The court noted that the other counts fell within the same date range as count two, but found it “clear...from having reviewed the materials that they were separate incidents.” The court imposed concurrent upper term sentences of three years on counts three and four(committing a lewd act upon a child), imposed but stayed middle term sentencesof three years on counts five through seven (unlawful sexual intercourse with a minor under the age of 16) pursuant to section 654, and imposed a concurrent middle term sentence of two years on count eight (child pornography). The court also stayed the three-year enhancement on count five pursuant to section 654.
We have reviewed the record pursuant to Wende. Before accepting defendant’s pleas and admissions, the trial court properly advised defendantof his rights, registration requirements pursuant to section 290,and potential exposure to deportation and commitment as a sexually violent predator. The courtcorrectly selected and imposed a sentencethat was consistent with the statutory scheme and its earlier indication. Having conducted an independent review of the record, we find no issues requiring further briefing.
DISPOSITION
The judgment is affirmed.

BROWN, P. J.

WE CONCUR:

GOLDMAN, J.
SWEET, J.
People v. Delima(A172914)