Opinion
H037128
01-26-2012
THE PEOPLE, Plaintiff and Respondent, v. JERRY ALLEN TURNER, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Santa Cruz County Super. Ct. No. F18521)
Defendant Jerry Allen Turner was charged with one count of a forcible lewd act upon a child (Pen. Code, § 288, subd. (b) (1) - count 1) and five counts of a lewd act upon a child (Pen. Code, § 288, subd. (a) - count 2-6). As to count 1, it was also alleged that defendant was ineligible for probation because he committed the offense by force, violence, duress, menace, or fear of immediate and unlawful bodily injury within the meaning of Penal Code section 1203.066, subdivision (a)(1). Pursuant to a negotiated agreement, defendant pleaded guilty to all six counts and admitted the probation ineligibility allegation. The trial court sentenced defendant to 14 years in state prison.
In July 2009, the police received a report that an eight-year-old girl had told her father that defendant had touched her "privates" when he gave her "piggy back" rides. A police officer interviewed the victim. She stated that defendant, who was a family friend, would touch her privates with his fingers over her clothing while she was on his back. She also stated that defendant sometimes grabbed her leg and rubbed his "privates" with the inside of her ankle. These incidents occurred "more times than she could count" during the previous seven to eight months. In addition, defendant "rubbed his privates on her bottom" and he later put his finger inside her vagina. Defendant told the victim, "Don't tell your parents or I'll get into trouble."
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 he 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.
The judgment is affirmed.
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Mihara, J.
WE CONCUR:
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Premo, Acting P. J.
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Elia, J.