Filed 1/7/16 P. v. Salguero 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E062563
v. (Super.Ct.No. SWF1202846)
JORGE ARMANDO HERRERA OPINION
SALGUERO,
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Michael J. Rushton,
Judge. Affirmed.
Patricia L. Brisbois, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Defendant Jorge Salguero is serving eight years plus 50 years to life after a jury
convicted him of charges resulting from the sexual abuse of his girlfriend’s six-year-old
daughter. We affirm the judgment.
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FACTS AND PROCEDURE
Jane Doe first reported to a babysitter in 2010, when she was about five years old,
that defendant had abused her. The subject came up when Jane Doe was watching the
babysitter change a little boy’s diaper. Jane Doe commented that defendant’s penis was
like the boy’s except bigger and white stuff came out of it, and described a specific
incident of abuse. The babysitter told Jane Doe’s mother. The mother made defendant
leave her home for about a month, but then let him come back. When defendant returned
to the home, he told the babysitter that he did not know why he had abused Jane Doe and
promised never to do it again.
In 2012, when she was seven years old, Jane Doe reported additional instances of
abuse to her father, who then called police. During a forensic interview, Jane Doe
described three specific instances that took place when she was six years old. This
interview was played for the jury.
On May 1, 2013, the People filed an information charging defendant with one
count of committing a lewd act against a child (Pen. Code § 288, subd. (a)) and two
counts of unlawful sexual intercourse with a child under age 10 (Pen. Code § 288.7, subd.
(a)).
The first trial ended in a mistrial on June 17, 2014, when the babysitter, a witness
for the prosecution, testified unexpectedly that defendant had made an admission to her
while apologizing for abusing the child. At the end of the second trial, the jury convicted
defendant on October 29, 2014, on all counts.
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On December 12, 2014, the court sentenced defendant to the upper term of eight
years for the lewd act and consecutive terms of 25 years to life for each of the other two
counts, for a total sentence of eight years plus 50 years to life.
This appeal followed.
DISCUSSION
This court appointed counsel to represent defendant on appeal. Counsel has filed a
brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v.
California (1967) 386 U.S. 738, setting forth a statement of the case and identifying a
potential arguable issue. Defendant was offered an opportunity to file a personal
supplemental brief, which he has not done.
Under People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent
review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
KING
J.
CODRINGTON
J.
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