People v. Martinez CA2/6

Filed 10/29/13 P. v. Martinez CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B245756 (Super. Ct. No. 2009015119) Plaintiff and Respondent, (Ventura County)

v.

ANDRES VARGAS MARTINEZ,

Defendant and Appellant.

Andres Vargas Martinez appeals a judgment following conviction of committing sexual intercourse with a child less than 10 years of age, and committing a lewd act with a child. (Pen. Code, §§ 288.7, subd. (a), 288, subd. (a).)1 We affirm.

FACTUAL AND PROCEDURAL HISTORY

In April 2009, L.G. lived with her husband and children, including six- year-old J. and seven year-old U., in a bedroom of a Thousand Oaks residence. As many as 16 or 17 people…