P. v. Armstrong CA5

Filed 3/5/13 P. v. Armstrong 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F064477 Plaintiff and Respondent, (Stanislaus Super. Ct. No. 1427367) v.

CHRISTOPHER LEWIS ARMSTRONG, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Linda A. McFadden, Judge. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Detjen, J. and Franson, J.

INTRODUCTION Appellant/defendant Christopher Armstrong pleaded no contest to two felonies based on the sexual assault of two fourteen-year-old girls. He was sentenced to the agreed-upon term of 12 years in prison. On appeal, his appellate counsel has filed a brief which 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 will affirm. FACTS1 On January 5, 2011, defendant and a friend “picked up two 14-year-old girls to party,” identified as Jane Does No. 1 and 2. “The defendant purchased alcoholic beverages,” which were consumed by both girls. Defendant and the two girls were in his car, which was apparently driven by someone else. Jane Doe No. 2 saw defendant commit acts of digital penetration and oral copulation on Jane Doe No. 1. Jane Doe No. 1 was in the back seat and very intoxicated. While still in the vehicle, defendant touched Jane Doe No. 2’s breasts. At that point, Jane Doe No. 2 “became frightened for the safety of her friend in the back seat and yelled to let them go.” “Defendant had the car pull over, exited the vehicle and dragged Jane Doe No. 2 from the car and drove away with Jane Doe No. 1 in the back seat. The defendant went to a desolate location and raped Jane Doe No. 1,” causing injuries to her body. He “orally copulated her, penetrated her vagina and her anus and beat her, choked her and then returned to the scene and threw her from the car.”

1 The following facts are taken from the prosecutor’s statement of the factual basis for the pleas, as stipulated to by defense counsel.