People v. German CA5

Filed 6/30/21 P. v. German 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081543 Plaintiff and Respondent, (Kings Super. Ct. No. 19CM3121) v.

ROGELIO GERMAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Donna L. Tarter, Judge. Deanna L. Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Levy, J. and Detjen, J.

INTRODUCTION Appellant and defendant Rogelio German pleaded no contest to continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a))1 and was sentenced to the indicated term of 12 years. 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 The parties stipulated to the following factual basis for defendant’s plea. “[T]he [defendant], who was married to the victim’s mother, committed three acts of sexual abuse against the victim who was of the age ten at the time. Within three months the [victim] reported the defendant touched her breasts on the skin-to-skin contact, he inserted his finger into her anus, as well as touching her vagina over the clothes, as well as under the clothes.” “The victim has stated this occurred when she was of the age of ten and it had been occurring since [and] until law enforcement was involved. This occurred in the City of Hanford, which is in the County of Kings.” PROCEDURAL BACKGROUND On July 5, 2019, a felony complaint was filed in the Superior Court of Kings County charging defendant with count 1, continuous sexual abuse of a child (§ 288.5, subd. (a)); count 2, sexual penetration with a foreign object on a victim under the age of 14 years (§ 289, subd. (a)(1)(B)); count 3, commission of a lewd act upon a child with bodily injury (§ 288, subd. (a)); counts 4 and 5, oral copulation or sexual penetration of a child under the age of 10 years (§ 288.7, subd. (b)); and count 6, aggravated sexual assault of a child (§ 269, subd. (a)(1)).