People v. Brownmace CA5

Filed 3/13/24 P. v. Brownmace 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084957 Plaintiff and Respondent, (Super. Ct. No. 19CR-06147-RF) v.

NEAL GLEN BROWNMACE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Carol K. Ash, Judge. Stephen M. Lathrop, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Jessica A. Perkins, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Peña, J. and Smith, J.

INTRODUCTION

Neal Glen Brownmace, appellant, argues substantial evidence does not support his conviction of sodomy of a child 10 years old or younger. He further argues the abstract of judgment must be amended to accurately reflect his conviction. We affirm the judgment and remand the matter with directions to amend the abstract of judgement to correctly reflect appellant’s conviction on count 3. PROCEDURAL HISTORY On September 21, 2021, the Merced County District Attorney’s Office charged appellant with two counts of oral copulation or sexual penetration with a child 10 years old or younger (Pen. Code, § 288.7, subd. (b)1; counts 1 & 2), and sexual intercourse or sodomy with a child 10 years old or younger (§ 288.7, subd. (a); count 3.) A jury found appellant guilty on all counts. Appellant was sentenced to 55 years to life in prison−15 years to life on each of counts 1 and 2, and 25 years to life on count 3. STATEMENT OF FACTS The facts are abridged to those relevant to the legal issue presented. Appellant’s victims were his two stepdaughters, M.B. and J.M. When M.B was five years old, and J.M. was six years old, appellant began sexually abusing them. The abuse occurred sometime between 2012 and 2019. Appellant forced both M.B. and J.M to orally copulate him, and appellant sodomized J.M. at least once. The victims’ mother, K.B., knew of the abuse and chose not to report it. Law enforcement got involved when M.B. and J.M. reported the abuse to their school. J.M. testified at trial as follows. She was 14 when she testified.