P.

Filed 8/1/13 P. v. Gallardo CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin)

THE PEOPLE, C072817

Plaintiff and Respondent, (Super. Ct. No. MF033842A)

v.

RICHARD ANTHONY GALLARDO,

Defendant and Appellant.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Between September 2008 and December 2010, defendant Richard Anthony Gallardo molested the female victim born in September 2003, by rubbing her breasts (count 2), by forcibly rubbing her breasts on two other occasions (counts 3 & 6), and by forcing her to orally copulate him on another occasion (count 7). Defendant entered a plea of guilty to lewd act upon a child (Pen. Code, § 288, subd. (a); count 2) and three counts of…