P.
P. v. Armstrong CA5
Opinion
Opinion
INTRODUCTION
Appellant/defendant Christopher Armstrong pleaded no contest to two felonies based on the sexual assault of two fourteen-year-old girls. He was sentenced to the agreed-upon term of 12 years in prison. On appeal, his appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We will affirm.
FACTS1
On January 5, 2011, defendant and a friend “picked up two 14-year-old girls to party,” identified as Jane Does No. 1 and 2. “The defendant purchased alcoholic beverages,” which were consumed by both girls. Defendant and the two girls were in his car, which was apparently driven by someone else. Jane Doe No. 2 saw defendant commit acts of digital penetration and oral copulation on Jane Doe No. 1. Jane Doe No. 1 was in the back seat and very intoxicated. While still in the vehicle, defendant touched Jane Doe No. 2’s breasts. At that point, Jane Doe No. 2 “became frightened for the safety of her friend in the back seat and yelled to let them go.” “Defendant had the car pull over, exited the vehicle and dragged Jane Doe…