A 15-year-old Orange County girl enjoyed the crowded wave pool at Knott's Berry Farm's Soak City Water Park in Buena Park one afternoon in 2009 until she felt someone's raging erection thumping up against her butt.
According to court records, the shocked girl turned around and saw a heavyset man more than twice her age: an inappropriately horny Albert Omar Martinez.
Martinez wasn't done however.
He then fondled a 14-year-old girl at the park before his arrest, according to court records.
After winning two lewd conduct charges, prosecutors in the Orange County District Attorney's office wanted the defendant to take a two-year trip to a California prison as punishment and a potent reminded to leave kids alone.
But Superior Court Judge Gary S. Paer
gave Martinez supervised probation because the illegal touching had
been through clothes and the defendant lacked a serious prior criminal
That outcome might have left most molesters elated, but not Martinez, who appealed his case.
believes that his two felony sex crimes should be reduced to
misdemeanors so that probation officers can't hound him day and night.
But the California Court of Appeal based in Santa Ana wasn't sympathetic. Justice Kathleen O'Leary (writing in agreement with justices William Rylaarsdam and WIlliam Bedsworth
concluded) concluded that because neither the defendant nor his lawyer
objected to the felonies at sentencing they are barred from complaining
Upshot: Martinez–who was born in April 1978, lives in Los Angeles County and sometimes uses the name Alberto Omar Barriere–will continue to serve his five-year formal probation sentence that includes sex offender registration.