People v. Golden CA3

Filed 10/7/15 P. v. Golden CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C077539

Plaintiff and Respondent, (Super. Ct. No. SF124912A)

v.

DARREL GOLDEN,

Defendant and Appellant.

FACTS Defendant Darrel Golden was a fourth grade teacher at Anthony Traina School. On November 28, 2012, Augustin Melchor, the school’s maintenance supervisor, was working in defendant’s classroom when he saw defendant grab the buttocks of one of his female students. Defendant squeezed her there for about eight to 10 seconds. A. B. was born in May 2003. Defendant was her fourth grade teacher and would tutor her after school. During the tutoring sessions, defendant would place his hand on her buttocks, underneath her pants but on top of her underwear. Once he put her hand on

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“his private spot.” During the incident seen by Melchor, defendant touched A. B. on her “private spot in the front” and underneath her underwear. Defendant told A. B. and other girls that he loved them and would marry them. Once, A. B. saw defendant touch her friend O. V.; O. V.’s pants were unzipped and defendant was touching her “private spot.” O. V. was born in July 2003. Defendant taught her during the first half of the school year. He would touch her under her clothes and on her “front private parts” with his hand. It took place in the classroom during and after class. He also touched her buttocks during class and after lunch, but not after school. Defendant told her not to tell anyone or she would get into trouble. I. M. was born in February 2002 and defendant was her fourth grade teacher. During class, he patted her on the buttocks a lot and would call her “babe,” a nickname he used for all the girls. She told him to stop after a month, but defendant started again after two months. She saw defendant touch other children in the class. Defendant pled guilty to four counts of lewd acts on a child under the age of 14. The trial court sentenced defendant to a stipulated term of 14 years in state prison, imposed various fines and fees, and awarded 272 days of presentence credits (236 actual and 36 conduct). Defendant appeals. The trial court granted his request for a certificate of probable cause. DISCUSSION We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief.