People v. Kruse CA1/3

Filed 5/27/15 P. v. Kruse 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE,

Plaintiff and Respondent,

A141912

v. RICHARD FREDERICK KRUSE, (Mendocino County Super. Ct. No. SCUKCRCR 10-15372) Defendant and Appellant.

Defendant Richard Frederick Kruse appeals a prison sentence imposed on remand following an earlier appeal in which we found insufficient evidence to support the jury’s verdict of commission of a forcible lewd act upon a child under age 14 (Pen. Code, § 288, subd. (b)(1))1 and reduced the conviction to commission of a nonforcible lewd act upon a child under age 14 (§ 288, subd. (a)). (People v. Kruse (Dec. 6, 2013, A135642) [nonpub. opn.].) When resentencing defendant, the trial court imposed the upper term of eight years…