People v. Coffman CA3

Filed 3/4/21 P. v. Coffman CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C091319

Plaintiff and Respondent, (Super. Ct. No. 18FE014238)

v.

ADAM TOMMY COFFMAN,

Defendant and Appellant.

Appointed counsel for defendant Adam Tommy Coffman filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we find no arguable error that would result in a disposition more favorable to defendant and affirm. FACTUAL AND PROCEDURAL BACKGROUND In June 2019, defendant was charged with three counts of committing a lewd and lascivious act on a child under 14 years of age (Pen. Code, § 288, subd. (a), count one

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[hand to breast], count two [hand to breast different time than count one], and count three [hand to genitalia area over clothes]).1 He pleaded not guilty to the charges. The following evidence was adduced at trial. In June 2016, the 12-year-old victim2 lived with her mother, her older sister, and her two younger brothers. Defendant, the victim’s uncle, also lived with the family. Defendant had a bedroom downstairs, while the victim and her sister shared a room as well as a bed upstairs. Because the victim would sometimes have trouble sleeping in her room, she would sleep in her mother’s bedroom. The victim’s mother worked the night shift as a nurse. Defendant watched the kids while she was at work. One night, the victim fell asleep in her mother’s bed. She woke up after feeling something touching her breasts on the outside of her clothes. At first, she thought it was either her dog or perhaps one of her brothers tossing in his sleep. After realizing it was not her dog or her brother, she grabbed her nearby phone flashlight and saw that it was defendant. She asked defendant what he was doing, and he responded, “I’m sleeping.” When she asked why he was touching her, defendant did not respond. She left the room and returned to the bedroom she shared with her sister. The victim’s sister asked her why she came back to their room, and she told her sister that defendant was touching her. Half asleep, her sister did not comprehend what she said, so in the morning the victim repeated what defendant had done to her. She asked her sister if she should tell their mother; fearing that their mother would physically harm defendant when she found out, the girls decided it would be better to tell her only if it happened again.