P. v. De La Cruz
Filed 2/15/06 P. v. De La Cruz CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. RICHARD DE LA CRUZ, Defendant and Appellant. | B176855 (Los Angeles County Super. Ct. No. NA059152) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Arthur Jean, Jr., Judge. Affirmed in part, reversed in part, and remanded.
Cannon & Harris and Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster and Tita Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.
BACKGROUND
Appellant was charged in count 1 of the information with the willful, deliberate, and premeditated attempted murder of Deborah S. on November 8, 2003. It was specially alleged that appellant personally used a deadly weapon, a sharp instrument, in the commission of the crime, and that appellant personally inflicted great bodily injury upon the victim. In count 2, appellant was charged with attempted forcible oral copulation, with allegations of personal use of a deadly weapon and infliction of great bodily injury. In count 3, appellant was charged with sexual battery by restraint. In count 4, he was charged with the first degree robbery of the victim, with allegations of personal use of a deadly weapon and infliction of great bodily injury. In count 5, appellant was charged with making criminal threats, also with allegations of personal use of a deadly weapon and infliction of great bodily injury. Appellant entered pleas of not guilty and not guilty by reason of insanity .
S. testified at trial that she was ill on November 7, 2003, and had gone to bed early on her boat, where she lived at the time. She woke up to knocking on her door sometime after midnight on November 8. At her door, S. saw Theresa Cusimano, an acquaintance she knew through her friend Andrea, Theresa's sister. Theresa was accompanied by appellant, whom S. knew as Theresa's boyfriend â€
