P. v. Cruz
Filed 8/1/08 P. v. Cruz CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. LANO MEDINA CRUZ, Defendant and Appellant. | F054491 (Super. Ct. No. F06907359) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. David A. Gottlieb, Judge.
Mark Shenfield, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
-ooOoo-
In May 2006, the Fresno Police Department received a report that appellant, Lano Cruz Medina, was molesting his girlfriends sons. Police officers interviewed the older victim who was then 12 years old and he stated that Cruz would play with the victims penis inside or outside his underwear and have the victim rub Cruzs penis. Cruz would also orally copulate the victim and have the victim orally copulate him. This occurred two to three times a week for about a year. Cruz attempted to sodomize the victim twice.
The younger victim reported that Cruz would usually give him a bath or a shower. During those times, Cruz would play a game with him that involved Cruz touching the victims penis with his index finger. Cruz would also touch the younger victim over his pants when he took him to school.
On March 1, 2006, during a police interview, Cruz admitted that he may have touched the younger victims penis when he bathed him but he denied having any sexual intent.
On January 9, 2007, the district attorney filed an information charging Cruz with three counts of lewd and lascivious conduct with a child under the age of 14 (counts 1, 2, & 6/Pen Code, 288, subd. (a)), two counts of oral copulation (count 3 & 4/Pen. Code,
288a, subd. (c)(1)), and one count of attempted sodomy (count 5/Pen. Code, 664/286, subd. (c)(1)).
On November 8, 2007, after the prosecutor amended count 1 to allege the continuous abuse of a child under the age of 14, Cruz pled no contest to that count and to lewd and lascivious conduct as alleged in count 6. Cruzs plea agreement also provided for a stipulated sentence of 12 years and the dismissal of the remaining counts.
On December 14, 2007, the court sentenced Cruz to the stipulated term of 12 years, the midterm of 12 years on his continuous abuse of a child conviction, and a concurrent term on his lewd and lascivious conduct conviction.
Cruzs appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Cruz has not responded to this courts invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.
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*Before Vartabedian, Acting P.J., Levy, J., and Cornell, J.
