People
v.
Dorsey

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWOSep 29, 2011
B229045 (Cal. Ct. App. Sep. 29, 2011)

B229045

09-29-2011

THE PEOPLE, Plaintiff and Respondent, v. JESSIE JAMES DORSEY, Defendant and Appellant.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. VA111489)

THE COURT:

BOREN, P.J., DOI TODD, J., CHAVEZ, J.

Defendant and appellant, Jessie James Dorsey, appeals from the judgment entered after his conviction of 21 counts of sex crimes against two minors. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende),raising no issues. On June 6, 2011, we notified defendant of his counsel's brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. That time has elapsed, and defendant has submitted no brief or letter. We have reviewed the entire record, and finding no arguable issues, we affirm the judgment.

Defendant was charged by information with the following crimes committed between 2000 and 2010: five counts of lewd acts upon a child under 14 (M., counts 1-5), in violation of Penal Code section 288, subdivision (a); seven counts of lewd acts upon a child under 14 (J., counts 6-12), in violation of section 288, subdivision (a); a lewd act upon a 15-year-old child who was at least 10 years younger than defendant (J., count 13), in violation of section 288, subdivision (c)(1); oral copulation of a person under the age of 16 (J., counts 14 and 15), in violation of section 288a, subdivision (b)(2); four counts of oral copulation of a person under the age of 18 (J., counts 16 through 19), in violation of section 288a, subdivision (b)(1); unlawful sexual intercourse with a minor (J., counts 20 and 21), in violation of section 261.5, subdivision (c); a lewd act upon a 15-year-old child who was at least 10 years younger than defendant (D., count 22), in violation of section 288, subdivision (c)(1).

All further statutory references are to the Penal Code unless otherwise indicated.
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As to counts 1 through 11, the information specially alleged for purposes of sections 667.61, subdivision (b), and 1203.066, subdivision (a)(7), that the offenses involved multiple victims. The information further alleged as to counts 1 through 11, for purposes of section 1203.066, subdivision (a)(8), that defendant engaged in substantial sexual conduct with a victim under the age of 14.

J., defendant's stepdaughter, testified that when she was 12 years old defendant began sexually abusing her whenever her mother was not home. The abuse consisted of touching her breasts, having her put his penis in her mouth or manually masturbate him, and orally copulating her. Defendant began having sexual intercourse with J. when she was 16 years old. He also continued to orally copulate her on a regular basis until she was 17 years old. The behaviors were repeated "too many [times] to count," including the day he was arrested, July 21, 2009. J. was examined by a sexual assault nurse two days after defendant's arrest, and the parties stipulated that saliva found by the nurse on J.'s neck was defendant's.

Four of defendant's nieces testified regarding the sexual abuse defendant inflicted upon them. M. testified that defendant, who lived with her family as she grew up, began sexually abusing her when she was eight or nine years old. Between August 2001 and the end of 2005, defendant would have her masturbate him with her hands at least once per year, sometimes more. Once, when she was 12 or 13, he put his tongue in her vagina. D. testified that in 2007, when she was 15 years old, defendant told her to put her hand on his penis and masturbate him with baby oil for about three minutes. Ja. testified that sometime in the late 1980's, when she was 10 or 11 years old, defendant came into her bedroom on approximately four occasions, and while her sisters slept, defendant asked her to "rub his navel." Years later, she realized that his "navel" was his penis. T. testified that when she was approximately four years old, defendant played a game with her, having her cover her eyes and place her mouth on what she later realized was his penis.

The five victims finally communicated to one another and others about the abuse, and the police were notified.

The defense called Jessica Bickham, an analyst employed by a private DNA testing firm. She testified that a very small amount of defendant's DNA was found on J.'s breast and neck, as well as the DNA of an unidentified third person. Bickham testified that it would be possible to transfer DNA from one person to another by the use of the same object, such as a damp towel.

Defendant testified about his background, growing up Greenville, Mississippi, with his parents and nine siblings, attending one year of college on an athletic scholarship, joining the Army, spending 15 months in Korea, and getting married, divorced, and honorably discharged. Beginning in 1998, defendant lived and worked in Minnesota for four years. He then moved to California in 2001 where he lived with his brother and sister-in-law.

Defendant denied sexually abusing any of the victims. He did not know with certainty why they were accusing him, but attributed J.'s accusation to resentment regarding discipline. He detailed several occasions giving rise to discipline such as a "whooping" and taking away her cellular telephone. Defendant attributed M.'s accusation to anger over his disciplining her younger brother and fighting with her father. Defendant claimed that none of the girls avoided him, and that T. and Ja. always wanted him "to hang out and kick it with them."

The jury was unable to reach a verdict on count 22. The trial court declared a mistrial and that count was later dismissed. The jury convicted defendant on the remaining 21 counts, and found true the special allegations.

The trial court sentenced defendant to 15 years to life in prison on count 1, with consecutive 15-year-to-life terms as to counts 2, 6, and 7, and concurrent 15-year-to-life terms as to counts 3, 4, 5, 8, 9, 10, and 11. Finding aggravating circumstances, the court imposed the upper term of three years on count 12. Based upon additional aggravating circumstances, the court then imposed one-third the middle term of eight months as to each of the remaining nine counts (13-21), to run consecutively. The total prison term imposed was 69 years to life.

Defendant was given 675 days of custody credit, which included 451 actual days in custody, plus 224 behavior credits. The trial court imposed a $200 restitution fine, a $200 parole revocation fine (stayed), a $30 court security fee, a $30 criminal conviction assessment, and a $300 habitual sex offender fine. In addition, the court ordered defendant to pay $268 in attorney fees, provide a DNA sample, undergo an AIDS test, and to register as a sex offender.

Defendant filed a timely notice of appeal from the judgment.

We conclude that defendant has, by virtue of counsel's compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.