People v. Castle CA3

Filed 11/25/24 P. v. Castle CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C099167

Plaintiff and Respondent, (Super. Ct. No. 62-173587)

v.

RYAN MATTHEW CASTLE,

Defendant and Appellant.

After a jury found defendant Ryan Matthew Castle guilty of the rape of 12-year- old Jane Doe and four counts of committing lewd conduct against her, the trial court sentenced him to 27 years in state prison. Defendant challenges his convictions on the first two counts of lewd conduct (counts one and two) because he asserts the trial court erred by instructing the jury with CALCRIM No. 1191A, allowing it to consider evidence of uncharged misconduct if it found that misconduct true by a preponderance of the evidence rather than beyond a reasonable doubt. We will affirm.

1

BACKGROUND The second amended information charged defendant with four counts of lewd conduct on a child [counts one through four] (Pen. Code, § 288, subd. (a))1 and one count of rape [count five] (§ 261, subd. (a)(2)). The information further alleged factors in aggravation not relevant here. Jane Doe was 12 years old at the time of the offenses in 2019.2 She lived in a homeless shelter with her mother. Defendant was about 31 years old at the time. He befriended Jane Doe and her mother and Jane Doe thought of him as an older brother. In January or February of 2019, Jane Doe and her mother were staying in a hotel. After all the adults left their hotel room, defendant returned to the room to get something. Jane Doe was in the hotel room alone. Defendant pushed Jane Doe up against a wall, kissed her on the mouth, and placed his tongue in her mouth. Jane Doe testified that happened other times in that hotel room. On cross-examination, Jane Doe also testified that an incident occurred about a day and a half after the first kissing incident while she was outside the hotel “messing around with a tree and just being a kid.” Defendant came up to Jane Doe and she walked away. Defendant followed Jane Doe behind a bush and started kissing her. These kissing incidents at the hotel formed the basis for the lewd conduct alleged in counts one and two. Jane Doe testified about uncharged sexual offenses allegedly committed by defendant against her. In one incident, Jane Doe, was in a hotel room with her mom, defendant, and his girlfriend. Defendant started commenting on Jane Doe’s body.