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The People v. Charles Leroy Brown

July 25, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CHARLES LEROY BROWN, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F112)

The opinion of the court was delivered by: Duarte, J.

P. v. Brown

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Charles Leroy Brown pled guilty to numerous counts of sexually abusing minors and was sentenced to an aggregate term of 20 years in state prison. Defendant now appeals his conviction, claiming that his plea lacks sufficient factual basis. We disagree and shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2009, Trinity County Sheriff's Deputy Fackrell received a report that children were being molested by defendant.*fn1 Deputy Fackrell spoke with the mother of victim number three (V-3), who reported that her son and two others were being molested by defendant.

Deputy Fackrell spoke with all three alleged victims about the allegations.

Victim number one (V-1) said defendant touched V-1's penis "on top of his clothing but not underneath." V-1 also said that approximately 10 times, defendant grabbed V-1's hand and made V-1 rub defendant's naked penis up and down. Once, V-1 said, defendant "put his penis in [V-1's] butt."

Victim number two (V-2) described how defendant sucked on V-2's penis and grabbed V-2's head in an attempt to make V-2 suck defendant's penis. V-2 also said defendant tried to make V-2 put his penis "inside [defendant's] butt," but V-2 refused; though V-2 admitted that he did put his penis "into [defendant's]" once. V-2 reported that defendant attempted to have sex with him on three separate occasions, and put his penis in V-2's mouth on two occasions.

Victim number three (V-3) first told Deputy Fackrell that he never had any sexual contact with defendant. V-3 said defendant touched V-3's penis "on the outside of his pants but never skin on skin." V-3 did say that defendant repeatedly asked V-3 to have sex with him, defendant "jacked off" in front of V-3, and V-3 let defendant "put his penis in [V-3's] butt." V-3 also described how defendant would walk around naked and try to get V-3 to look at defendant's penis.

Deputy Fackrell then spoke to defendant. Defendant admitted to having sexual contact with V-1 and V-2, describing the contact as "anal sex and sexual contact with hands." Defendant denied any sexual contact with V-3.

Defendant was subsequently arrested and charged with one count of continuous sexual abuse of V-1 (Pen. Code,*fn2 § 288.5, subd. (a) (count one)); five counts of sodomy with V-2 (§ 286, subd. (b)(1) (counts two through six)); two counts of oral copulation with V-2 (§ 288a, subd. (b)(1) (counts seven and eight)); continuous sexual abuse of V-3 (§ 288.5, ...


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