The People v. Merriman CA1/1

Filed 9/10/13 P. v. Merriman CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A135140

v. KELVIN LEE MERRIMAN, (Solano County Super. Ct. No. FCR-285924) Defendant and Appellant.

A jury convicted defendant Kelvin Lee Merriman of inappropriately touching his eight-year-old half sister. He attacks the conviction, asserting the trial court erroneously allowed the jury to see several text messages in which he made advances toward the victim’s married aunt. He also asserts his admission of a prior conviction for purposes of the three strikes law was involuntary, because the trial court neglected to tell him the admission would forfeit certain rights and bring about certain penal consequences. We affirm.

FACTUAL AND…