P. v. Barron

Filed 3/15/06 P. v. Barron CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

Clyde Lee Barron appeals a judgment sentencing him to 24 years in state prison following a plea of no contest to continuous sexual abuse of a child under 14 with an allegation of a prior serious felony conviction. We affirm.

PROCEDURAL BACKGROUND

On October 1, 2004, the District Attorney of Solano County filed an information charging defendant with the following six counts: count 1, continuous sexual abuse of a child under the age of 14 (Pen. Code, § 288.5, subd. (a)); count 2, assault with intent to commit rape (Pen. Code, § 220); count 3, false imprisonment by violence (Pen. Code, § 236); count 4, child abuse (Pen. Code, § 273a, subd. (a)); count 5, false imprisonment by violence (Pen. Code, § 236); and count 6, child abuse (Pen. Code, § 273a, subd. (a)). The information alleged that defendant had been previously convicted of a serious felony within the meaning of Penal Code section 667, subdivisions (b)-(i).

Pursuant to a negotiated plea agreement, on June 21, 2005, defendant pled no contest to count 1 and admitted the prior felony conviction. The district attorney dismissed all other counts. Prior to sentencing, defendant moved to dismiss the prior felony conviction allegation in the interests of justice pursuant to Penal Code section 1385.

At a sentencing hearing on September 13, 2005, the court denied the motion to dismiss the prior felony conviction and sentenced defendant to state prison for a term of 24 years, consisting of the middle term of 12 years for conviction of Penal Code section 288.5, subdivision (a), doubled as a second serious felony pursuant to Penal Code section 667, subdivisions (b)-(i).

FACTUAL BACKGROUND

The transcript of the preliminary hearing provides the only record disclosing the factual basis for the plea. Defendant lived with his daughter, age 13, in a trailer in Vallejo, California. On May 23, 2004, the daughter was staying at the home of a friend on the same street. Defendant forcibly removed the daughter from the home and forced her into a car driven by a third party. They were driven back to their trailer. Subsequently, the father gave her the keys to a car and she fled in the vehicle. Ultimately she was overtaken in the neighboring town of American Canyon and her father forced her into a car again. They were driven to the Vallejo waterfront where the daughter walked away from him.

Later that day, in an interview with Barbara Greene, a Vallejo police officer, the daughter disclosed a history of sexual molestation, and she provided further details in a second interview a week later. The daughter told Officer Greene that she had lived with her mother the first six years of her life but had lived with defendant since that time. He had molested her since she first began living with him at the age of six. A week earlier defendant had tried to rape her but she was able to fight him off. When this incident occurred she was wearing pajamas. He took her clothes off and exposed his penis. The daughter said it had happened before but she did not provide details. She informed Officer Greene that defendant forced her to orally copulate him once in 2003 and three times in 2004. He would often touch her on her genital area. At one point, she stated that defendant subjected her to some form of sexual touching â€