People v. Westfall CA3

Filed 2/9/22 P. v. Westfall CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE, C093433

Plaintiff and Respondent, (Super. Ct. No. 18CR001330)

v.

LOGAN ALLEN WESTFALL,

Defendant and Appellant.

Appointed counsel for defendant Logan Allen Westfall 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 and considering defendant’s contentions in his supplemental brief, we find no arguable error that would result in a disposition more favorable to defendant and affirm.

1

BACKGROUND1 On May 10, 2018, defendant, who was 22 years old, moved in with his father, stepmother, and seven-year-old stepsister. Over the next several days, defendant went into his stepsister’s room at night, woke her up while everyone else slept, and sexually assaulted her multiple times. On May 15, 2018, defendant’s stepsister told her mother. His stepsister reported that defendant inserted his fingers into her vagina and rectum, forced her to orally copulate him, and inserted his penis in her vagina and rectum. A pediatric sexual assault examination identified a low level of possible male DNA found in the sperm fraction of the victim’s inner thigh swab. During a subsequent police interview, defendant conceded that the biological fluid collected from his stepsister’s inner thigh would match him. Defendant said that on the first occasion, his stepsister touched his penis, but he did not touch her vagina. During the second incident, defendant admitted he put his penis in his stepsister’s mouth but did not ejaculate. He also admitted touching her vagina but denied inserting his finger. On a third occasion, defendant said he rubbed his penis on his stepsister’s vaginal and rectal areas. While doing so, his penis may have “ ‘slipped’ inside a little bit.” Defendant admitted ejaculating on her genitalia during this incident. Defendant was charged with sexual intercourse or sodomy with a child who is 10 years of age or younger (Pen. Code, § 288.7, subd. (a), count I),2 three counts of oral copulation or sexual penetration with a child who is 10 years of age or younger (§ 288.7, subd. (b), counts II-IV), two counts of forcible lewd or lascivious acts on a child who is under the age of 14 years (§ 288, subd. (b)(1), counts V-VI), and two counts of lewd or