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People v. Mendoza

California Court of Appeals, Sixth District
Jun 30, 2011
No. H036418 (Cal. Ct. App. Jun. 30, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JOSE MADRIZ MENDOZA, Defendant and Appellant. H036418 California Court of Appeal, Sixth District June 30, 2011

NOT TO BE PUBLISHED

Monterey County Super. Ct. No. SS091806.

Mihara, J.

Defendant Jose Madriz Mendoza pleaded no contest to three counts of lewd conduct on a child under 14 years of age (Pen. Code, § 288, subd. (a)). In exchange for his plea, the trial court sentenced defendant to eight years in state prison. Defendant has filed a timely notice of appeal. We affirm the judgment.

I. Statement of Facts

In July 2009, defendant was in a relationship with Jane Doe’s aunt. One day during that month, defendant placed his hands between six-year-old Jane Doe’s legs. Shortly thereafter, Jane Doe told her aunt that she wanted to go shopping with her and defendant, but she did not want defendant to touch her “privates” anymore. When Jane Doe’s mother asked her about this comment, Jane Doe told her that defendant would also touch her vaginal area when she was sitting on his lap while they watched television.

In the spring of 2002, defendant and Jane Doe II’s mother were in a romantic relationship. One night during that period, Jane Doe II’s mother was passed out on the floor. While eleven-year-old Jane Doe II was lying next to her, defendant removed Jane Doe II’s pants, and rubbed and licked her vagina. Jane Doe II kicked him in the face and he stopped.

II. Discussion

Appointed appellate counsel has filed an opening brief, which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

III. Disposition

The judgment is affirmed.

WE CONCUR: Bamattre-Manoukian, Acting P.J., Lucero, J.

Judge of the Superior Court of Santa Clara County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.


Summaries of

People v. Mendoza

California Court of Appeals, Sixth District
Jun 30, 2011
No. H036418 (Cal. Ct. App. Jun. 30, 2011)
Case details for

People v. Mendoza

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOSE MADRIZ MENDOZA, Defendant…

Court:California Court of Appeals, Sixth District

Date published: Jun 30, 2011

Citations

No. H036418 (Cal. Ct. App. Jun. 30, 2011)