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The People v. Ralph William Carlton

March 15, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
RALPH WILLIAM CARLTON, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F3103)

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

P. v. Carlton 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant, Ralph William Carlton, asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error and no concerns regarding presentence credits. We will affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2002, when Colleen R. was 13 years old, defendant (her stepfather) came into her bedroom and fondled Colleen's breasts and buttocks. Defendant also fondled J.D., a friend of Colleen's who was sleeping over. The molests were reported to the police and defendant was later convicted of committing a lewd and lascivious act on a minor in violation of Penal Code section 288, subdivision (a) and placed on probation until 2009.

Eight years later, Colleen was addicted to pain pills, sometimes selling drugs to support her habit. In 2010, she lost her job because of her drug use and had to move back in with her mother and defendant. After returning to her home, Colleen stole defendant's pain medication. Defendant confronted Colleen about the theft and asked her if she had ever "sold her body for pills." The question made Colleen uncomfortable and she told defendant she had not, and would never sell her body for pills.

On April 8, 2010, defendant told Colleen (who was then 21 years old) that she "deserve[d] a spanking." Defendant proceeded to pull down the pajama pants Colleen was wearing and spank her buttocks. As he spanked her, Colleen asked defendant to stop, to leave her alone. As Colleen tried pulling her pants back up, defendant again told her: "You deserve a spanking." Colleen never reported the incident.

Two days later, defendant told Colleen to go into his bedroom; Colleen complied. Defendant followed her into the bedroom, put his hand inside Colleen's shirt, and fondled her bare breast. Colleen left the room crying but did not report this incident either.

On April 19, defendant was scheduled to drive Colleen to the doctor (her car had been repossessed). Colleen went into defendant's bedroom that morning and sat on the edge of defendant's bed. Lying on the bed, defendant reached out, grabbed Colleen's hand, and pulled her to him in a "bear hug."

While Colleen lay on the bed in defendant's grasp, she tried to get away but defendant was holding her too tightly. Defendant, who was bigger and stronger than Colleen, told her that he "wanted to just cuddle." Defendant then turned Colleen on her side, pulled down her pajama pants, and spanked her bare buttocks. Colleen struggled with defendant, trying to pull up her pants and get away from him, but defendant used his strength to keep her pinned to him.

Defendant then moved Colleen around again and put his hand down the front of her pajama pants. With his finger, defendant touched Colleen's vagina, reaching inside the labia and said, "Ooh, look what I found." Colleen reported the assault to her ex-boyfriend, her mother, and her pastor.

Colleen's mother asked her not to go to the police but Colleen ignored her request. Colleen reported the assault to the police; the police took photographs of bruises on Colleen's buttocks and legs that resulted from her struggle with ...


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