People v. Woods CA5

INTRODUCTION

Appellant Wesley Roy Woods pled no contest to one count of lewd acts on a child under the age of 14 years, a violation of Penal Code1 section 288, subdivision (a), and admitted a prior strike allegation. In exchange for his plea, five other counts were dismissed. At sentencing, the trial court struck the prior conviction allegation pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and imposed the midterm of six years for the offense. Woods appealed and appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

On June 12, 2013, then 13-year-old G.B. and her stepfather, Woods, were walking when Woods asked the minor what she would do if he showed her his penis.2 G. did not respond and Woods stated, “you just passed my test.” Woods told G. that if he was to show her his penis and offer her money, “anything that went on between them would be just between them.” On June 14, 2013, Woods paid G. to let him touch her breasts on two occasions; he paid “$20 a pop” for a total of $40. In the first incident, G. was in the living room and Woods placed his hand on her breast. Later that evening,…