P. v. Petty CA3

Filed 6/26/13 P. v. Petty CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C071607

Plaintiff and Respondent, (Super. Ct. No. CRF12-123)

v.

LENARD EARL PETTY, JR.,

Defendant and Appellant.

Following a court trial, defendant, Lenard Earl Petty, Jr., was convicted of substantial sexual conduct with a child under the age of 14 years old (Pen. Code, § 288.5, subd. (a)).1 The trial court also found true the allegation defendant used force or fear in the commission of the offense (§1203.066, subd. (a)(1)) and sentenced defendant to 12 years in state prison.

1 Undesignated statutory references are to the Penal Code.

1

Defendant appealed. His appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. In accordance with the latter, we will provide a summary of the offenses and the proceedings in the trial court. BACKGROUND A.M. was close to defendant’s wife. She visited defendant and his wife a few times a week and frequently spent the night at their home. A.M. described a number of incidents of molestation occurring in defendant’s trailer, beginning when she was 11 or 12 years old. A.M. described one incident when defendant rubbed her bottom over her clothing and another when he put his hand down her shirt. Both times he told her not to tell anyone. She described another incident when defendant and his family were in the process of moving into a new home. A.M. was spending the night at defendant’s trailer. He went to wake her up, and instead got into bed with her. He tried to pull her toward him while rubbing her breasts. Again, he threatened to hurt her if she told anyone. Also when the family was moving, A.M. was helping the family move things in and out of a storage unit. She was sweeping the unit and defendant wrapped his arms around her to “help” her. She refused his help, but he grabbed her and pulled her toward him. He grabbed her breasts and bottom and rubbed her genitals. As she was leaving the storage unit, he reminded her of his prior threats. Defendant’s wife denied A.M. was ever alone with defendant in the storage locker. Defendant also molested A.M. at his new home. He was in the kitchen drinking and moving boxes when A.M. was walking to the garage. He offered her alcohol. She declined and walked away. He grabbed her arm and pulled her towards him, grabbed her breasts and told her to lie down with him. He rubbed her posterior and when she tried to walk away he told her she was not going anywhere. She again refused and he threatened to kill her if she told anyone.