People v. Terry CA5

Filed 11/18/15 P. v. Terry 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069829 Plaintiff and Respondent, (Fresno Super. Ct. No. F10903669) v.

ORLANDO TERRY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. W. Kent Hamlin, Judge. Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant/defendant Orlando Terry pleaded no contest to count I, continuous sexual abuse of a child under the age of 14 years (Pen. Code, § 288.5, subd. (a));1 and count II, unlawful sexual intercourse with a minor under the age of 16 years (§ 261.5, subd. (d)), with a great bodily injury enhancement (§ 12022.7, subd. (a)). He was sentenced to 16 years in prison. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS Defendant was the boyfriend of Jane Doe’s mother. They lived together with Jane’s grandmother. When Jane was 12 years old, defendant forced her to have sexual intercourse. Jane later reported that defendant raped her almost every weekend and sometimes on weekdays. Defendant also committed other sexual acts against her. He usually molested Jane when her mother disappeared to use methamphetamine. Sometimes defendant left money on her pillow. Jane tried to resist, but defendant physically forced her to have sex. Defendant raped Jane for the last time when she was 14 years, in 2009. After that time, defendant and Jane’s mother moved away, and Jane stayed with her grandmother. In October 2009, shortly after defendant and her mother moved out, 14-year-old Jane went to the doctor and learned she was pregnant. Jane did not have sex with anyone except defendant. Jane told her grandmother, who encouraged her to call the police. Four days after learning she was pregnant, Jane contacted the police and reported defendant’s acts.