People v. Bruns CA5

Filed 7/10/14 P. v. Bruns 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F065981 Plaintiff and Respondent, (Super. Ct. No. BF137614A) v.

JACOB WAYNE BRUNS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Cory J. Woodward, Judge. Gordon S. Brownell, 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., Gomes, J. and Franson, J.

A jury convicted appellant, Jacob Wayne Bruns, of one count of unlawful sexual intercourse with a person not his spouse who was under the age of 16 (Pen. Code, § 261.5, subd. (d);1 count 1) and two counts of commission of a lewd or lascivious act against a child of 15 years by a person at least 10 years older than the victim (§ 288, subd. (c)(1); counts 2, 3). The court imposed a prison term of three years eight months, consisting of the three-year midterm on count 1, and eight months on count 3, representing one-third of the midterm on that offense. On count 2, the court imposed, and stayed pursuant to section 654, the two-year midterm. Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Facts Appellant’s Relationship with Amber S. On February 13, 2010,2 when Amber S. was 14 years old, she encountered appellant, a family friend who she had not seen for several years, at Whiskey Flats Days, a festival in Kernville.3 After they talked, “just kind of catching up,” appellant kissed Amber, and within approximately one month, the two began a sexual relationship. They would get together three or four times per week, typically at Amber’s home—a three- bedroom mobile home where she lived with her mother, stepfather and stepgrandfather— when her mother and stepfather were not home, or at the “school farm,” and “just