Filed 12/30/19 P. v. Boston 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

v.

JOSEPH HAYDEN BOSTON,

Defendant and Appellant.

E072295

(Super.Ct.No. RIF1704966)

OPINION

APPEAL from the Superior Court of Riverside County. Emma C. Smith, Judge. Affirmed.

Eric E. Reynolds, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Joseph Hayden Boston was charged by felony complaint with three counts of oral copulation with a child under the age of 10 (Pen. Code, § 288.7, subd. (b), counts 1-3) and two counts of committing a lewd or lascivious act on a child under the age of 14 (§ 288, subd. (a), counts 4-5). As to counts 4 and 5, the complaint also alleged that defendant committed a qualifying sex offense against more than one victim. (§ 667.61, subd. (e)(4).) Defendant was advised that his maximum statutory sentence for the counts with which he was charged was 75 years to life. He entered an open plea of guilty to all counts and admitted the allegations. After his plea, defendant filed a motion to suppress evidence at the sentencing hearing of statements he made to police officers, on the ground that a probable cause hearing was not held with 48 hours of his arrest. (§ 1538.5.) The court summarily denied the motion, noting that section 1538.5 applies before or during trial.

The court subsequently sentenced defendant to a total term of 30 years to life in state prison, consisting of 15 years to life on count 4, plus a consecutive 15 years to life on count 5, with a concurrent 15 years to life on the other counts. The court found him indigent and thereby declined to order him to pay certain fees and fines.

Defendant filed a notice of appeal, based on the sentence or other matters occurring after the plea, and on the denial of the motion to suppress. We affirm.

FACTUAL BACKGROUND

Two boys, who were ages 4 and 8 (the victims), saw defendant riding his bicycle in a hotel parking lot and asked if they could ride it. He said they could, if their parents agreed. Defendant later went to his hotel room, and the victims showed up, wanting to hang out with him. He told them to get permission from their parents. He lied about his age to the victims’ parents and said he was 14 years old, when he was actually 18 years old. The victims entered defendant’s room, and he molested both of them. Defendant later turned himself in to the police. His mother advised the police that he had a history of molesting other children, including his younger sister and two brothers, approximately five years prior.

DISCUSSION

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 and two potential arguable issues: (1) whether the court properly denied his motion to suppress under section 1538.5; and (2) whether his sentence of 30 years to life is cruel and unusual punishment. Counsel has also requested this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, which he has not done.

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.

RAPHAEL

J.