In re Francisco C.
Filed 9/14/10 In re Francisco C. CA2/5
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
SECOND
APPELLATE DISTRICT
DIVISION
FIVE
In re FRANCISCO C., a Person
Coming Under the Juvenile Court Law.
B222203
(Los Angeles
County Super.
Ct.
No. EJ41934)
THE PEOPLE,
Plaintiff and Respondent,
v.
FRANCISCO C.,
Defendant and Appellant.
APPEAL from
a judgment of the Superior Court
of Los Angeles
County, Robert J. Totten, Juvenile Court Referee. Affirmed.
Lea
Rappaport Geller, under appointment by the Court of Appeal, for Defendant and
Appellant.
Edmund G.
Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Pamela C. Hamanaka, Senior Assistant Attorney General, Michael C.
Keller and E. Carlos Dominguez, Deputy Attorneys General, for Plaintiff and
Respondent.
___________________________
The juvenile court sustained the petition under Welfare
and Institutions Code section 602, finding true the allegation that minor
Francisco C. forcibly raped victim E.V. in violation of Penal Code section 261,
subdivision (a)(2). Minor was declared a
ward of the court and ordered to camp-community
placement for the middle term of six months, with the maximum confinement
period of eight years eight months. In
his timely appeal, minor contends there was constitutionally insufficient
evidence to support the finding of forcible rape. We affirm.
STATEMENT OF FACTS
E.V., an
18-year-old female, had been acquainted with the 15-year-old Francisco for
approximately two or three years. E.V.
considered Francisco one of her best friends, but they did not have a dating or
sexual relationship. On the afternoon of
April 26, 2009, she went to
visit minor at his apartment on St. Louis Street
in Los Angeles. Francisco had recently been released from
juvenile camp, and they had made plans to see each other the night before. They talked in front of the apartment for
five to ten minutes, before walking over to a car parked nearby. Francisco suggested they get inside the front
seats of the car. Once inside, E.V. got
the impression that Francisco wanted to have sexual relations with her. When Francisco began to unbutton her pants
(tight blue jeans), E.V. said, â€
| Description | The juvenile court sustained the petition under Welfare and Institutions Code section 602, finding true the allegation that minor Francisco C. forcibly raped victim E.V. in violation of Penal Code section 261, subdivision (a)(2). Minor was declared a ward of the court and ordered to camp-community placement for the middle term of six months, with the maximum confinement period of eight years eight months. In his timely appeal, minor contends there was constitutionally insufficient evidence to support the finding of forcible rape. Court affirm. |
| Rating |
