People v. Vancamp CA4/1

Filed 8/5/24 P. v. Vancamp CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081793

Plaintiff and Respondent,

v. (Super. Ct. No. SCD292985)

DEONTA ANTONIO VANCAMP,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Eugenia Eyherabide, Judge. Affirmed. Patricia L. Brisbois, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Caelle McKaveney, Deputy Attorneys General, for Plaintiff and Respondent. A jury found Deonta Antonio Vancamp guilty of (1) assault with intent to commit a sex offense during the commission of a residential burglary (Pen.

Code,1 § 220, subd. (b)); (2) possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)); and (3) resisting an officer (§ 148, subd. (a)(1)). Vancamp pled guilty to giving false information to a peace officer (§ 148.9, subd. (a)). The trial court sentenced Vancamp to prison for five years plus 14 years to life. Vancamp contends that the trial court erred in failing to sua sponte instruct the jury that sexual battery (§ 243.4) is a lesser included offense of assault with intent to commit a sex offense during the commission of a residential burglary (§ 220, subd. (b)). We conclude that Vancamp’s argument lacks merit, and we accordingly affirm the judgment. I. FACTUAL AND PROCEDURAL BACKGROUND On January 2, 2022, Vancamp entered a woman’s apartment through a window. Then, while naked and with an erect penis, Vancamp confronted the woman in the bathroom while she was taking a shower. The woman screamed as Vancamp entered the shower, placing one hand over the woman’s mouth and one hand on her buttocks while trying to reach for her genital area. The woman prevented Vancamp from touching her genitals by squatting down and then sitting on the floor of the shower. The woman’s roommates heard the screaming and intervened. Vancamp left the apartment and was apprehended by police a short time later, but he attempted to flee during his arrest. Officers searched Vancamp and found methamphetamine. Vancamp was charged with (1) assault with the intent to commit a sex offense during the commission of a residential burglary (§ 220, subd. (b))