People v. Arteaga CA4/3

Filed 12/1/21 P. v. Arteaga CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G059174

v. (Super. Ct. No. 18NF3073)

VICTOR HUGO ARTEAGA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg, Judge. Affirmed. Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

This is an appeal from a jury trial in which appellant was represented by counsel. We take the facts from the brief filed on appellant’s behalf by his attorney; they seemed to us to be the best face that could be put on appellant’s case, and they demonstrate rather clearly why counsel was unable to find an issue to argue in appellant’s behalf: “In August of 2018, Kelly C. (‘Kelly’) was fourteen years old. Her mother and father lived separately, and Kelly C. alternated between them. She frequently left home without her parents’ permission. “She met appellant sometime in May 2018 at a park in Anaheim. She was with Abby, her 15 or 16-year-old friend. Kelly told appellant that she was 14 years old, but later, at Abby’s urging, Kelly said she was 15 years old. Abby told Kelly that appellant was thirty-five years old. “During August of 2018, Kelly used methamphetamine on a daily basis. Kelly would occasionally use methamphetamine with appellant. “Kelly recalled a day in August of 2018 when she snuck out of her father’s house. She planned to meet Abby and appellant to smoke methamphetamine. Appellant met Kelly outside her father’s house. As they were leaving, her father confronted Kelly. After a brief argument with her father, Kelly left and met appellant a few blocks away. “As they walked to the park, appellant told Kelly to come with him behind a dumpster. Appellant suggested they hide in case the ‘cops were going to pass by.’ At appellant’s request, Kelly orally copulated him behind the dumpster. “The two of them continued walking around as they tried to find their friends. They rested at a laundromat inside an apartment complex. The owner of the laundromat told them to leave, so they walked to another laundromat in another complex on Wakefield. Appellant made a bed on the floor with some blankets. They laid down next to each other, and appellant started touching Kelly’s legs, and began to ‘finger’ her, placing his fingers inside her vagina. At his suggestion, Kelly orally copulated appellant