People v. Woods CA5

Filed 9/6/16 P. v. Woods 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F071345 Plaintiff and Respondent, (Super. Ct. No. F13909494) v.

WESLEY ROY WOODS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. John J. Gallagher and Alan M. Simpson, Judges.† Kurt David Hermansen, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Detjen, J. and Franson, J. † Judge Gallagher presided on January 15, 2015; Judge Simpson presided over all other hearings pertinent to this appeal.

INTRODUCTION Appellant Wesley Roy Woods pled no contest to one count of lewd acts on a child under the age of 14 years, a violation of Penal Code1 section 288, subdivision (a), and admitted a prior strike allegation. In exchange for his plea, five other counts were dismissed. At sentencing, the trial court struck the prior conviction allegation pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and imposed the midterm of six years for the offense. Woods appealed and appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm. FACTUAL AND PROCEDURAL SUMMARY On June 12, 2013, then 13-year-old G.B. and her stepfather, Woods, were walking when Woods asked the minor what she would do if he showed her his penis.2 G. did not respond and Woods stated, “you just passed my test.” Woods told G. that if he was to show her his penis and offer her money, “anything that went on between them would be just between them.” On June 14, 2013, Woods paid G. to let him touch her breasts on two occasions; he paid “$20 a pop” for a total of $40. In the first incident, G. was in the living room and Woods placed his hand on her breast. Later that evening, G. was outside her bedroom when Woods approached, put one hand on her breasts and one hand on her pants in the area of her vagina. G. walked away from Woods, but he followed her. When she lay down on her bed, he pulled her pants down and rubbed his penis against her vagina. G. told him “no, I can’t” and pulled her pants up. Woods pulled her pants down again and again touched his penis to her vaginal area. Woods stopped when he heard his wife, V.E., who is G.’s