P. v. Martinez CA3

Filed 3/25/13 P. v. Martinez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sutter) ----

THE PEOPLE, C072178

Plaintiff and Respondent, (Super. Ct. No. CRF11-0549)

v.

LEONARD DUARTE MARTINEZ, JR.,

Defendant and Appellant.

Appointed counsel for defendant Leonard Duarte Martinez, Jr., has 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 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

During the summer of 2010, defendant began molesting nine-year-old M., his biological granddaughter and adopted daughter.1 Between summer 2010 and November 28, 2010, defendant performed oral copulation on M. “a little more than five times,” had her perform oral copulation on him “about four times,” attempted vaginal intercourse with her “three times or so,” and attempted anal intercourse with her “about three times.” M. reported pain and bleeding from the sexual acts. A criminalist analyzed samples that had been taken from M.’s vaginal area during a medical examination. The samples contained DNA that matched a sample obtained from defendant.

Defendant pleaded guilty to continuous sexual abuse of a child under age 14 (Pen. Code, § 288.5, subd. (a))2 and admitted an allegation that he caused bodily injury to the child victim (§ 1203.066, subd. (a)(2)). In exchange, counts of sexual intercourse by an adult with a child age 10 years or younger (§ 288.7, subd. (a)), oral copulation by an adult with a child age 10 years or younger (§ 288.7, subd. (b)), and lewd acts with a child under age 14 (§ 288, subd. (a)) were dismissed.