People v. Martinez CA4/3

Filed 2/27/15 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G050031

v. (Super. Ct. No. 13NF0974)

JUAN MOLINA MARTINEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Sheila F. Hanson, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

A jury found defendant Juan Molina Martinez guilty of assault of a minor with intent to commit a sexual assault as charged in count one, and guilty of lewd act upon a child as charged in count two. After hearing and denying defendant’s motion for new trial, the court sentenced defendant to seven years in state prison. We appointed counsel to represent defendant on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on defendant’s behalf. We have examined the record and found no arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was given 30 days to file written argument in defendant’s own behalf. That period has passed, and we have received no communication from defendant. We affirm. I FACTS The Incident Gloria was 15 years old when she testified in October 2013. In May 2012 Gloria went to the home of her friend, Jazmin M. to celebrate Jazmin’s 14th birthday. Gloria, Jazmin and Julia, another friend from school, were in Jazmin’s bedroom watching movies. At some point, Julia had to go home, so Jazmin took her downstairs while Gloria stayed in the bedroom to finish watching a movie. Jazmin was gone for about 20 minutes, and when she returned, she looked scared, panicked, frightened, was shaking, crying, breathing hard and couldn’t talk, according to Gloria. Gloria asked Jazmin what happened, and Gloria testified Jazmin told her, “the security guard from outside was talking to her, but then things started getting really weird so she went upstairs and he chased after her.” “She told me that he started touching her and started kissing her, and then when he heard footsteps coming down the stairs he let her go.” At that point, the court advised the jury Jazmin’s statements to Gloria were not to be considered for their truth, but to show whether there