Opinion
E072128
09-30-2019
THE PEOPLE, Plaintiff and Respondent, v. JEROME MARCUS ADAMS, Defendant and Appellant.
Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. FVI18002194) OPINION APPEAL from the Superior Court of San Bernardino County. Bryan K. Stodghill, Judge. Affirmed. Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL HISTORY
On October 9, 2018, a first amended information charged defendant and appellant Jerome Marcus Adams with a single count of committing a lewd act on a child 15 years of age who was at least 10 years younger than defendant, under Penal Code section 288, subdivision (c)(1). The information also alleged that defendant had served four prior terms in prison under Penal Code section 667.5, subdivision (b).
On October 18, 2018, a jury found defendant guilty as charged, and on October 24 the trial court found two of the four priors true.
On January 10, 2019, defendant was sentenced to a total term of five years in state prison, as follows: three years for the substantive offense, and a consecutive term of one year for each of the two prior prison terms. The court also awarded credits and imposed fines and fees as required by law.
On February 4, 2019, defendant filed a timely notice of appeal.
B. STATEMENT OF FACTS
The victim was born in November 2002. On August 5, 2018, the victim and her friend were in Barstow and needed to get back home to Adelanto. Defendant and a man called "Blue" agreed to give them a ride. Defendant's agreement with the victim was that she would have sex with him if he gave them a ride. On the way to Adelanto, defendant stopped at a park to have oral sex with the victim.
Defendant (born September 1983) and the victim were in the car. Blue and the victim's friend were sitting on a nearby bench. While in the car, the victim orally copulated defendant, and defendant put his hand on the victim's vagina.
Sergeant Jarell Gilmore of the Barstow Police Department was on duty on August 5, 2018. The sergeant drove in the park and saw defendant and the victim inside the car. When Sergeant Gilmore approached the car, he saw the victim orally copulating defendant.
DISCUSSION
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court to undertake a review of the entire record. Pursuant to Anders, counsel identified the following issues to assist the court in its search of the record for error:
1. Whether the trial court erred when it excluded evidence that defendant was mistaken about the victim's age;
2. Whether the trial court erred in refusing to instruct the jury on simple assault, battery, and sexual battery as lesser included offenses.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error, considered the issues listed by appellate counsel, and find no arguable issue for reversal on appeal.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
J. We concur: McKINSTER
Acting P. J. SLOUGH
J.