People v. Sewell CA1/1

Filed 9/17/24 P. v. Sewell CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A169528 v. SEBASTIAN MICHAEL SEWELL, (Marin County Super. Ct. No. SC215091A) Defendant and Appellant.

Defendant Sebastian Sewell pleaded guilty to one count of felony sexual battery (Pen. Code, § 243.4),1 and the trial court placed him on probation, subject to several terms and conditions, including that defendant was prohibited from being “alone with anyone under the age of 18 years, with the exception of anyone residing with him, unless another adult over the age of 18 is present.” On appeal, defendant contends, and the Attorney General concedes, this condition is invalid under People v. Lent (1975) 15 Cal.3d 481 (Lent).2 We agree and order the condition stricken.

1 All further statutory references are to the Penal Code. Superseded by statute on another ground as stated in People v. 2

Moran (2016) 1 Cal.5th 398, 403, footnote 6.

1

BACKGROUND3 In December 2020, 22-year-old Jane Doe went over to defendant’s mother’s house. There, defendant and Doe had a few glasses of wine and engaged in consensual oral and vaginal sex. After taking a break, the two resumed “sexual activities.” By this point, Doe had had two or three glasses of wine, and defendant had had four or five. When defendant began orally copulating Doe, she felt a “biting or sharp pain” that “was a sharp enough pain to kind of jolt [her] onto [her] elbows.” Doe told defendant she did not “ ‘like that,’ ” but could not remember if he acknowledged her, and defendant continued. Doe “kept getting that pain and that pressure of teeth biting,” and she told defendant to stop and tried to “take his head off of [her],” but he nonetheless continued. She also “would scream at certain points,” but every time she did so, defendant would choke her, put his hand over her mouth, or restrain her by holding Doe’s hands down by her stomach or above her head. When defendant stopped copulating her, he “would then go and stick his penis inside of [Doe’s] vagina.” After he “successfully . . . got it in,” defendant choked Doe and slapped her across the “face multiple times.” Doe stated “there was no way of me getting air in or out or speaking.” Defendant then repeated the process of orally copulating Doe and having vaginal sex with her. Doe continued to try and pull defendant’s head away, scream, and tell defendant to stop. Whenever she did so, defendant “either would put his hands over [her] throat or he would put his hands over [her] mouth to prevent [her] from screaming.” Eventually, Doe was able to leave. When she got up the next day, Doe noticed “discoloration and bruising and swelling” on her nipples, marks on