People v. Ward CA3

Filed 5/22/15 P. v. Ward CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C073850

v. (Super. Ct. No. CM036005)

MATTHEW SHANNON WARD,

Defendant and Appellant.

Defendant Matthew Shannon Ward pled no contest to failing to register as a sex offender and two counts of annoying or molesting a child in exchange for dismissal of two other criminal charges. He was sentenced to serve three years in state prison. On appeal, defendant contends the trial court abused its discretion by ignoring mitigating circumstances and relying on improper aggravating circumstances in imposing the upper term. Defendant alternately contends he received ineffective assistance of counsel. We affirm the judgment.

1

FACTS In November 2011, law enforcement officers responded to a report of defendant sexually abusing his 13-year-old stepdaughter. Defendant was divorced from the victim’s mother, but continued to live in their home. According to his ex-wife and the victim, defendant isolated the victim from her siblings and her mother, then would fondle her breasts and her buttocks. This abuse had been going on for the past two years. The last incident of abuse occurred a week prior when defendant pulled down the victim’s pants and put his penis “between the lips of her vagina,” then stated he had gone too far. The victim told law enforcement officers she was scared and, as a result of the abuse, kept to herself. The victim later told investigators that defendant told her “if she ever told anyone, she would regret it.” She was too scared to tell defendant to stop, and she had nightmares about him killing her family. Further investigation revealed defendant was a convicted sex offender1 and failed to update his registration in 2011. When law enforcement officers spoke to defendant, he denied abusing his stepdaughter. Defendant also said he had registered in 2011 but could only produce his 2010 registration card. On March 15, 2012, the People charged defendant with two counts of committing lewd acts upon a child (§ 288, subd. (a)) and one count of failing to comply with the annual sex offender registration requirements (§§ 290.12, subd. (a), 290.18, subd. (b)). On March 29, 2012, defendant waived his right to a preliminary examination.