P.

Filed 3/20/13 P. v. Simon 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

A133701

v. DAVID SIMON, (Solano County Super. Ct. No. VCR203509) Defendant and Appellant.

This is an appeal from the conviction by jury of defendant David Simon of five felony offenses related to his sexual abuse of a minor. We affirm.

FACTUAL AND PROCEDUREAL BACKGROUND

On June 17, 2010, a consolidated and amended information was filed alleging defendant engaged in: (1) oral copulation and sexual penetration with D.G., a minor ten years of age or younger, on or about and between May 10 and May 15, 2009 (Pen. Code, § 288.7, subd. (b)1) (count one); (2) sexual intercourse and sodomy with D.G., a minor ten years of age or…