P. v. Fassio
Defendant pled no contest in Sacramento County to attempted lewd and lascivious conduct on a child under age 14 and, on September 28, 2004, the trial court suspended execution of a four-year prison term and placed defendant on probation for five years.
The offense stemmed from an incident in which the 36-year-old defendant, while touching his exposed penis, stopped his car next to the 13-year-old victim and asked her for directions. The victim saw defendants penis and backed away. Defendant asked the victim if she wanted to get in the car and show him where to go. When the victim told defendant she did not want to get in the car, he asked her if she was sure. The victim said she was sure, and defendant left. Defendant had approached two other young girls in a similar manner on the same date and, previously, had sexual intercourse with two minors in the same age range.
Court have undertaken an independent examination of the entire record in this case and have found no arguable error that would result in a disposition more favorable to defendant. The judgment is affirmed.
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