Filed 7/9/21 P. v. Mejia CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIXTH APPELLATE DISTRICT THE PEOPLE, H048793 (Santa Cruz County Plaintiff and Respondent, Super. Ct. No. 18CR07842) v. CIRILO MEJIA, Defendant and Appellant. Defendant Cirilo Mejia pleaded no contest to three counts of committing a lewd act on a child under age 14 (Pen. Code, § 288, subd. (a)).1 The trial court committed defendant to state prison for a stipulated term of 12 years, and gave defendant 764 days of actual custody credit and 114 days of conduct credit (§§ 2900.5, 2933.1) for a total of 878 days of presentence custody credit. Defendant timely filed a notice of appeal challenging only his sentence. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 on behalf of defendant. Defendant has filed a letter. We affirm the judgment. I. FACTUAL AND PROCEDURAL BACKGROUND On November 22, 2018, defendant was living in a room in the same residence as the victim, who was 11 years old. That night, the victim’s mother reported to police that she could not find her daughter, who has special needs because of a diagnosis of microcephaly. The victim’s mother looked and found the bathroom door was locked. 1 All further references are to the Penal Code unless otherwise indicated. The victim’s mother called out for her daughter and heard “ ‘Ma’ ” in response. She directed her daughter to unlock the door, and she did so. The victim appeared frightened. The victim’s mother discovered defendant behind the shower curtain with his pants partway down and asked what he had done. Defendant responded that he did not do anything. The victim’s mother later placed a pretext phone call to defendant during which defendant stated, “ ‘I did nothing. I was going to be with her, but, no. I was going to rape her, but, no. Then you knocked on the door and I left. I hid because I believe[d] you were going to hit or kill me. That’s why.’ ” On December 20, 2018, defendant was arrested. In an interview with police, he admitted to consuming seven or eight beers and one or two drinks of whiskey on the night of the incident. He went to the bathroom, and the victim was outside. He took the victim into the bathroom and locked the door. Defendant lowered his pants and the victim’s pants and underwear and began touching himself. While holding the victim’s buttocks, defendant tried to penetrate the victim but was unable to do so. As he tried again to penetrate the victim, the victim’s mother knocked on the door and he hid behind the shower curtain. …
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