P. v. Manzo CA1/2

Filed 7/26/13 P. v. Manzo CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A138047 v. JOSE LUIS MANZO, (Napa County Super. Ct. No. CR160956) Defendant and Appellant.

Appellant, Jose Luis Manzo, appeals from the judgment and sentence following a plea of no contest. His court-appointed attorney has filed a brief raising no legal issues and requesting this court to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. As the appeal is based solely on grounds occurring after entry of the plea and does not challenge the validity of the plea, it is authorized by rule 8.304(b)(4)(B) of the California Rules of Court. FACTS AND PROCEEDINGS BELOW The facts summarized in the March 27, 2012 report of the Napa County Sheriff‟s Department, which were never disputed, are as follows: “[O]n March 6, 2012, deputies interviewed the 14-year-old confidential victim and her mother at the Courage Center in Napa. The victim told deputies that when she was in fourth grade (approximately nine years old), one of her best friend‟s dad, later identified as the defendant, touched her. The victim said her friend‟s parents were split up and she went over to the defendant‟s house on the weekends to spend the night with her friend, the defendant‟s daughter.

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“The victim went on to say that a couple of the nights she was at the defendant‟s house, she woke up around 0400 hours and the defendant was touching her. She said she felt that the defendant thought she was sleeping when he was touching her, but she was not asleep. The victim said she was too scared to say anything to the defendant when he was touching her and she felt the fear carried over from when her little brother‟s dad would hit or yell at her and she was afraid the defendant would hit or yell at her if she said anything. “The victim told deputies that her friend had a little sister and whenever they would fall asleep, they would fall asleep in the same bed because they would be watching a movie and the defendant would come into the room, get on the bed, fall asleep behind the victim, reach his arm over on the victim and touch her. “The victim said the first time the defendant touched her was when she was laying in bed with her friend and the little sister and all three of them were facing the same way in the bed. The victim said the defendant came up behind her in the bed and „grabbed her boob.‟ In response, the victim said she turned away. The victim said the defendant moved down and „started touching me there‟ and said, „He went on the front of my vagina and started rubbing.‟ The victim said she tried again to make him stop, but he did not stop and instead tried to kiss her. “The victim said another time „he (the defendant) actually tried to make out with me‟ and said the defendant tried to stick his tongue in her mouth. The victim explained that every time he touched her, she tried to turn away and when she turned away, to get the defendant to stop touching her, he would stop for a little bit, then start touching again. The victim said the defendant touched her under her bra and beneath her underwear with „his hand‟ and he never touched her with any other parts of his body. “Deputies asked the victim what was going through her mind at the time and the victim said she did not know, but „probably mostly fear.‟ The victim said she was scared he (the defendant) would yell at her or get mad at her. “The victim said, during the other times the defendant touched her „the majority of it just happened the same way‟ and she said one time the defendant was wearing sweats