People v. Brownell CA5

Filed 12/17/24 P. v. Brownell CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F087334 Plaintiff and Respondent, (Super. Ct. No. 22CMS0243) v.

PAUL DAVID BROWNELL, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Michael J. Reinhart, Judge. Randy S. Kravis, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Eric L. Christoffersen and Chung Mi Choi, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Snauffer, J.

INTRODUCTION A jury convicted defendant Paul David Brownell of multiple counts of lewd acts upon a child, and the trial court sentenced him to nine years in prison. Defendant argues that the trial court erred in admitting evidence that he told a relative he was traveling to Long Beach when he actually left for Redding as evidence of flight and in instructing the jury that these facts could be used to support an inference of consciousness of guilt. We affirm. PROCEDURAL BACKGROUND The District Attorney of Kings County filed a second amended information on June 28, 2023, charging defendant with a forcible lewd act upon a child under age 14 (Pen. Code,1 § 288, subd. (b)(1); count 1) and lewd acts upon a child (§ 288, subd. (a); counts 2, 3). Defendant pleaded not guilty. A jury convicted defendant of all counts on June 29, 2023. The trial court sentenced defendant on December 13, 2023, to the upper term of five years in prison as to count 1 and consecutive two-year terms as to counts 2 and 3, for an aggregate term of nine years in prison. The court also reserved victim restitution (§ 1202.4, subd. (f)) and ordered defendant to pay $300 restitution and suspended parole revocation restitution fines (§§ 1202.4, 1202.45), $120 in court operations assessments (§ 1465.8), and $90 in criminal conviction assessments (Gov. Code, § 70373). Defendant filed a timely notice of appeal on December 14, 2023. FACTS Laura S.2 lived with her fiancé, eight-year-old daughter N.M.,3 and four other children who were between the ages of 4 and 14 years at the time of defendant’s trial in