People v. Pearley CA4/1

Filed 4/14/15 P. v. Pearley CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065068

Plaintiff and Respondent,

v. (Super. Ct. No. SCD226872)

RONALD BERNARD PEARLEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Amalia L.

Meza, Judge. Affirmed and remanded with directions.

Athena Shudde, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,

Eric A. Swenson and Joy Utomi, Deputy Attorneys General, for Plaintiff and

Respondent.

In October 2013, a jury found Ronald Bernard Pearley guilty of aggravated sexual

assault of a child (Pen. Code,1 § 269, subd. (a)) (count 1), two counts of committing a

forcible lewd act upon a child (§ 288, subd. (b)(1)) with substantial sexual conduct with a

child under 14 years of age (§ 1203.0666, subd. (a)(8)) (counts 2 and 7), two counts of

committing a lewd act upon a child (§ 288, subd. (a)) with substantial sexual conduct