P. v. O'Brien CA3

Filed 3/28/13 P. v. O’Brien CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C072015

Plaintiff and Respondent, (Super. Ct. No. 12F01901)

v.

KORY TAYLOR O'BRIEN,

Defendant and Appellant.

Appointed counsel for defendant Kory Taylor O’Brien has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall affirm the judgment. BACKGROUND On March 13, 2012, police officers responded to a sex abuse report. Defendant’s wife, the mother of the alleged victims, reported that she had left defendant because she suspected he was drugging her. Defendant’s 22-year-old stepdaughter had disclosed to her mother that defendant sexually assaulted her over several years, beginning when she was 14. When she turned

1

16, defendant began having nonconsensual sexual intercourse with her; this continued over the next three or more years. Once she turned 18, he also began to digitally penetrate her anus. After she moved out of the house around June 2011, the assaults stopped. Defendant’s 15-year-old stepdaughter also reported defendant began sexually assaulting her when she was 14, and accused him of sexual intercourse, sexual penetration, oral copulation, digital penetration, and sodomy with her. The People filed a felony complaint on March 15, 2012, charging defendant with multiple counts of rape (Pen. Code,1 § 261, subd. (a)(2)); lewd and lascivious acts with a child of 14 by a person at least 10 years older (§ 288, subd. (c)(1)); penetration by foreign object of a person under 18 (§ 289, subd. (h)); oral copulation of a person under 16 by a person over 21 (§ 288a, subd. (b)(2)); sexual penetration by foreign object of a person under 16 by a person over 21 (§ 289, subd. (i)); and one count of sodomy of a person under 16 by a person over 21 (§ 286, subd. (b)(2)). As to four counts, it was alleged that defendant committed the offense against more than one victim, which would mandate a state prison sentence of 25 years to life. (§ 667.61, subd. (e)(5).) On July 5, 2012, defendant pled no contest to counts 1, 3 through 7, 11, and 13 through 17, on the understanding that the remaining counts and allegations would be dismissed and he would receive an aggregate state prison sentence of 23 years.