People v. Barrios CA4/3

FACTS

In June 2009, then 10-year-old N.C. had been asleep in a bed with her baby sister when she woke up to Barrios, her stepfather, grabbing her legs. Barrios pulled N.C. to the edge of the bed and began to touch her in her vaginal area over her clothing. Barrios then pulled down the green boxers she was wearing and, while holding her with one hand, touched her vaginal area with his other hand. Barrios pulled down his own boxers and tried to penetrate N.C. with his penis. N.C. reached out toward her sleeping sister. Barrios responded by grabbing N.C.’s legs. When N.C. again reached for her sister, Barrios let her go. N.C. pulled her boxers back on, crawled over to her sister, and “held on to her and just cried.”

DISCUSSION

In appointed appellate counsel’s Wende brief, counsel did not suggest any potential issues, pursuant to Anders v. California (1967) 386 U.S. 738, to assist in our independent review. We have reviewed

2 the record in accordance with our obligations under Wende and we find no arguable issues on appeal. (People v. Kelly (2006) 40 Cal.4th 106, 124.)

DISPOSITION

The judgment is affirmed.

MOTOIKE, ACTING P. J.

WE CONCUR:

GOODING, J.

SCOTT, J.

3