P. v. Vinson
Filed 3/19/13 P. v. Vinson CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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.
IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
GEORGE EARL VINSON, JR.,
Defendant
and Appellant.
E056963
(Super.Ct.No.
FSB1102465)
OPINION
APPEAL
from the Superior Court
of
Bernardino County. Kyle
S. Brodie, Judge. Affirmed.
Patricia
A. Scott, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
Defendant and appellant George Earl
Vinson, Jr., was charged by information with six counts of committing a lewd
act upon a minor under the age of 14 years between January 1, 2002 and December 31, 2006.
(Pen. Code, § 288, subd. (a), counts 1-6).
against M.G., and counts 3 through 6 alleged offenses committed against
K.G. As to all six counts, it was
alleged that the offenses were committed against more than one victim. (§ 667.61, subds. (b) &
(e).) A jury found defendant guilty of
all six counts and found the multiple victim allegation as to each count to be
true. The court sentenced defendant to
state prison for a total indeterminate sentence of 90 years to life, which was
comprised of six consecutive terms of 15 years to life. The court granted him 420 custody credits
pursuant to section 2933.1.
Defendant
filed a timely notice of appeal. We affirm.
FACTUAL
BACKGROUND
M.G.
was born in 1997, and K.G. was born in 1998.
Their grandmother is Lori B.
Defendant was Lori B.’s former boyfriend, with whom she had a child.
M.G.
and K.G. (the victims) lived with their grandmother for about two years. Defendant would stay at the grandmother’s
house when the victims were there.
According to M.G., defendant began touching her appropriately when she
was about five years old. The first time
occurred when defendant came into the room where M.G. was sleeping and pulled
down her pants. He touched her vagina,
buttocks, and chest with his hands. He
also touched her vagina and buttocks with his penis.
The
next incident occurred when M.G. and defendant were sitting on the couch
watching television. Defendant grabbed
M.G.’s hands and forced her to rub his penis.
Later that night, defendant went into the room where M.G. was sleeping,
pulled her pants down, and touched her in the same manner as he had during the
first incident.
M.G.
testified that defendant put his penis “in [her] butt[ocks]†at least three or
four times. He also tried to put his
penis “in [her] front part†three or four times. Defendant stopped touching M.G.
inappropriately when she was 7 or 8 years old.
M.G. did not tell anyone about the incidents for years because defendant
threatened to kill her parents if she did.
K.G.
testified that defendant touched her inappropriately at her grandmother’s house
when she was four or five years old. The
first incident occurred when defendant was babysitting K.G., her sister, and
her cousins. Defendant climbed up on the
top bunk where K.G. was sleeping and started squeezing her buttocks. He then removed her pants and started
touching her vagina with his hands. He
stopped when K.G.’s grandmother, aunt, and mother came home.
The
next time defendant touched K.G. was two days later. Defendant was babysitting again, and K.G. was
sleeping on a king-sized bed with her cousins.
Defendant came into the room and took K.G.’s shorts off. He squeezed her buttocks and then penetrated
them with his penis. He stopped when the
doorbell rang. K.G. testified that
defendant put his penis in her buttocks one other time when she was on the
king-sized bed. K.G. also recalled that
defendant put his penis on her chest and moved it around, but she could not
recall how that incident ended. K.G. did
not tell anyone when defendant was touching her because he threatened to kill
one her of her parents if she did.
ANALYSIS
Defendant
appealed and, upon his request, this court appointed counsel to represent
him. Counsel has filed a brief under the
authority of
and Anders v. California (1967) 386
U.S. 738, setting forth a statement of the case and the following potential
arguable issues: 1) whether the evidence
was sufficient to show that defendant touched K.G. on three separate occasions;
and 2) whether the trial court properly sentenced defendant to six
consecutive prison terms of 15 years to life, pursuant to the multiple victim
enhancement/sentencing scheme, as opposed to one indeterminate term per victim. Counsel has also requested this court to
undertake a review of the entire record.
We
offered defendant an opportunity to file a personal
supplemental brief, which he has not done.
Pursuant to the mandate of People
v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record
for potential error.
We
have now concluded our independent review
of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN
OFFICIAL REPORTS
HOLLENHORST
Acting
P. J.
We concur:
RICHLI
J.
CODRINGTON
J.
name="_ftn1" title=""> [1] All further statutory references will be to
the Penal Code, unless otherwise noted.
