People v. Garcia CA5

Filed 5/5/14 P. v. Garcia CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F065824 Plaintiff and Respondent, (Super. Ct. No. VCF238001) v.

JESSE GEORGE GARCIA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Gerald F. Sevier, Judge. Harry Zimmerman, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and LaPorte, J.† † Judge of the Superior Court of Kings County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Appellant, Jesse George Garcia, pled no contest to 19 counts of lewd and lascivious conduct with a child under the age of 14 (counts 1-7, 13-14, 16-25/Pen. Code, § 288, subd. (a))1 and one count each of rape by force (count 26/§ 261, subd. (a)(2)) and possession of cocaine (count 15/Health & Saf. Code, § 11350). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On March 3, 2010, the Visalia Police Department was informed that eight-year- old K.G. had reported to an elementary school teacher that Garcia, her father, had raped her sometime in 2009 and that he also molested her sisters S.G., age 11, and A.G., age 13. On April 21, 2010, during an investigative interview, K.G. stated that around October or November 2008, during a visit by Garcia with her mother, Garcia slept on the floor of K.G.’s room. As K.G. slept on her stomach, Garcia got on top of her over the blankets and began moving up and down. After three attempts, K.G. was able to shake her father off and he returned to his sleeping area on the floor. S.G. was also interviewed and reported that when she was 10 years old, on an occasion when Garcia slept on the floor of her bedroom, S.G. awoke to find her pajamas and underwear pulled down, and Garcia rubbing her bare buttocks and back. Garcia then penetrated her anus. A.G. reported that Garcia molested her from the age of seven until she was twelve. The molestations occurred on an almost nightly basis and included Garcia penetrating her anus and vagina with his finger or penis. Garcia was arrested on June 11, 2010. During a search incident to his arrest police officers found .12 grams of cocaine in his pocket.