filed91914p.v.yangca5.docVIP

Filed 9/19/14 P. v. Yang CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. SOR YANG, Defendant and Appellant. F066419 (Super. Ct. No. OPINION THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan B. Conklin and John F. Vogt, Judges.? Scott N. Cameron, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Jamie A. Scheidegger, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- INTRODUCTION Appellant Sor Yang was charged, in an information filed on June 26, 2012, with sexual intercourse or sodomy with a child 10 years of age or younger (Pen. Code, §?288.7, subd. (a), count 1) and a lewd or lascivious act on a child under the age of 14 years (§ 288, subd. (a), count 2). The information was filed after appellant was held to answer at the conclusion of a preliminary hearing on June 20, 2012. Appellant was represented by Franz Criego. Appellant brought a motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) to have Mr. Criego relieved as his trial counsel. After a hearing on September 20, 2012, the trial court denied appellant’s Marsden motion. At the conclusion of a court trial on October 12, 2012, appellant was found guilty of both counts. On November 9, 2012, appellant was sentenced on count 1 to a prison term of 25 years to life. The court stayed appellant’s term of eight years on count 2 p