Opinion
E053145
12-29-2011
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL PEREZ, Defendant and Appellant.
Eric R. Larson, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. RIF10001640)
OPINION
APPEAL from the Superior Court of Riverside County. Michele D. Levine, Judge. Affirmed.
Eric R. Larson, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant appeals from his conviction on one count of aggravated sexual assault of a child based on oral copulation by force, violence, duress, menace or fear (Pen. Code, § 269, subd. (a)(4)), one count of aggravated sexual assault of a child based on sexual penetration by force, violence, duress, menace or fear (§ 269, subd. (a)(5)), and 40 counts of lewd and lascivious acts upon a child under 14 years of age by force, violence, duress, menace, or fear (§ 288, subd. (b)(1)).
All statutory references are to the Penal Code unless otherwise indicated.
FACTS AND PROCEDURE
Defendant married the victim's mother when the victim was five or six years old. Defendant began to sexually assault the victim when she was seven years old. This continued on about a weekly basis until she was 15 years old, although the frequency diminished as she got older. Defendant ceased abusing the victim after the day she punched him in the face, knocked him to the floor, got on top of him and kept punching him until her mother pulled her off of him. When the victim was 18 years old, and after she had moved out of the home, she reported the abuse to police in March 2010. The police had the victim record a telephone call to defendant, which was played for the jury. She told appellant that she had told relatives about the abuse. Defendant did not deny the abuse and told the victim she should not have told anyone. He also said he was trying to make it up to her for what he had done. Defendant eventually admitted to the police that he had fondled the victim's private area approximately 40 times over the years, but denied engaging in any other sexual conduct with her.
After the jury trial, the trial court sentenced defendant to a total prison term of 320 years plus 30 years to life. This appeal followed.
DISCUSSION
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 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, potential arguable issues, and requesting this court to conduct an independent review of the record.
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 and find no arguable issues.
DISPOSITION
The conviction is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
KING
J.
MILLER
J.