People v. Martinez CA4/3

Filed 9/4/25 P. v. Martinez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, G065170

v. (Super. Ct. No. 23CF1961)

COAUHTEMOC MARTINEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard M. King, Judge. Affirmed. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

Defendant Coauhtemoc Martinez appeals from a final judgment following a jury verdict finding him guilty of committing a lewd act against a child under 14. Appointed appellate counsel for Martinez filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case. Citing Anders v. California (1967) 386 U.S. 738 (Anders), counsel also identified potential issues to assist in our independent review. Martinez was provided 30 days to file a supplemental brief on his own behalf but did not do so. After an examination of the entire record and counsel’s Wende/Anders brief, we have found no reasonably arguable issue. (See Wende, supra, 25 Cal.3d at pp. 441–443.) We therefore affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Martinez and J.I. shared custody of their child, V., who was about 12 years old in the summer of 2023. V. spent alternate weeks with each of her parents. When at Martinez’s house, V. shared a bed with him. On July 2, 2023, V. stayed overnight at Martinez’s house. When V. asked Martinez to turn on the air conditioning because of the heat, he told her to take off her clothes. V. complied and took off her shirt and shorts because Martinez would get very angry if he did not get his way. Martinez also asked her to remove her underwear. Martinez was wearing only boxer shorts, and asked V. to come close to him as they lay on the bed. Martinez draped his arm over V.’s shoulders. He then grabbed V.’s hand and guided her hand up and down on his penis, which was inside his boxers. V. heard Martinez breathing heavily and felt something sticky on her hand. Martinez then got on top of V. and rubbed his penis against V.’s vaginal area, moving up and down, but he did not penetrate her.