People v. Vargas CA5

Filed 2/10/15 P. v. Vargas 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F067828 Plaintiff and Respondent, (Super. Ct. No. 12CM2925) v.

MICHAEL VARGAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Donna K. Tarter, Judge. Maureen L. Fox, 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 Kane, Acting P.J., Detjen, J. and Peña, J.

Appellant Michael Vargas pled guilty to oral copulation or sexual penetration with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b))1, and was sentenced to prison for an indeterminate term of 15 years to life. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On August 18, 2012, a Hanford police officer interviewed a nine-year-old girl regarding allegations that Vargas, her stepfather, had touched her inappropriately. According to the victim, she had been lying in bed the previous night watching cartoons with Vargas and her mother. While her mother was asleep, Vargas placed his hand over the victim’s clothing and touched her vagina. He then put his hand under the victim’s clothing and his fingers inside her vagina. The victim further stated that Vargas first began touching her inappropriately three months earlier when they lived in Puerto Rico and that during that time Vargas touched her vagina on three separate occasions, once over her clothes and twice under her clothes. The victim also reported another incident of inappropriate touching that occurred after the family moved to Hanford. On that occasion, while the victim’s mother was cooking and Vargas was with the victim in another room, Vargas placed his finger in the victim’s vagina. He then forcibly placed her hand on his penis and forced her to masturbate him. Vargas was located, brought to the police station, and interviewed after he waived his Miranda rights.2 Although Vargas initially denied touching the victim, he eventually admitted much of the conduct attributed to him by her. A SART exam of the victim disclosed that she had abrasions and lacerations to the opening of her vagina.