P. v. Rua
Filed 8/31/06 P. v. Rua CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. FAUSTINO ORTIZ RUA, Defendant and Appellant. |
F047503
(Super. Ct. No. F04906829-7)
OPINION |
APPEAL from a judgment of the Superior Court of Fresno County. Lawrence Jones, Judge.
Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stan Cross and Janet E. Neeley, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
A jury found Faustino Ortiz Rua guilty in count 1 of continuous sexual abuse of his daughter, a child under 14 years of age (§ 288.5, subd. (a)[1]), in counts 2-5 of a lewd act on his daughter, a child under 14 years of age (§ 288, subd. (a)), in count 6 of a lewd act on his daughter, a child 14 or 15 years of age and 10 or more years younger than he (§ 288, subd. (c)(1)), and in count 9 of a forcible rape of his daughter (§ 261, subd. (a)(2)).[2] In each count, the jury found true the sentencing allegations that he â€
