People v. Emmans CA3

Filed 11/21/25 P. v. Emmans CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C102373

Plaintiff and Respondent, (Super. Ct. No. CRF2301276)

v.

BRANDON MICHAEL EMMANS,

Defendant and Appellant.

Appointed counsel for defendant Brandon Michael Emmans filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Our review of the record has disclosed no arguable errors favorable to defendant. Accordingly, we will affirm.

1

I. BACKGROUND On October 23, 2023, the People filed an amended information charging defendant with one count of continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a)).1 The amended information further alleged that defendant had substantial sexual conduct with the victim (§ 1203.066, subd. (a)(8)) and also alleged factors in aggravation. At the jury trial, the People presented evidence that defendant lived from August 2011 to November 2012 in the same house with the victim. The victim referred to defendant as her “uncle.” At that residence (hereafter, the house), the victim shared a room with her sister. Defendant stayed in the living room. One night when the victim was sleeping on her stomach, she woke up to find defendant on top of her “in a push-up position.” The victim felt something touching her between her legs. Defendant did not say anything and the victim pretended to be asleep. The victim told her parents, and they confronted defendant, who told them it was a prank. The victim was between seven and nine years old when this incident occurred. At the house, the victim would wake up sometimes to find defendant lying in her bed rubbing her head or scratching her back. On these occasions, defendant would not say anything. For part of 2015, the victim lived with defendant’s mother and stepfather in a duplex (hereafter, the duplex). The victim had been placed with defendant’s mother after her parents were arrested in January 2015 on marijuana charges. The victim referred to defendant’s mother as her grandmother. Defendant lived in a connected duplex next door. There was a connecting door between the duplexes. While the victim was living in the duplex, she spent a lot of time with defendant, including playing video games and watching movies. When they were playing video games in defendant’s duplex, on