P. v. Wellen CA4/3

Filed 7/18/13 P. v. Wellen CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G045998

v. (Super. Ct. No. 10CF0786)

VICTOR JAMES WELLEN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard F. Toohey, Judge. Affirmed. Mark Yanis for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Lise Jacobson and Collette C. Cavalier, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Victor James Wellen was convicted of five counts of lewd conduct with a child, one count of kidnapping a child under the age of 14, and one count of kidnapping a child for the purpose of committing a lewd act. He contends there is insufficient evidence to support one of the kidnapping counts, and the trial court erred in admitting sexually-oriented evidence that was found on his computer. Finding these contentions unmeritorious, we affirm the judgment. FACTS Appellant worked at a small Christian school in Orange. In addition to teaching physical education, he also had recess duty and supervised students during daycare before and after school. One day after school, nine-year-old Kianna P. attended daycare along with her sister Danielle and her friend Rachel. They were playing a game in the school’s sanctuary, and appellant was the only teacher looking after them. After joining in the game briefly, appellant went over by the front of the sanctuary. While he was standing there, Kianna tried to sneak up on him. However, appellant spotted and grabbed hold of her. Kianna tried to squirm away, but appellant did not let her go. Instead, he picked her up and carried her to the music room, which was about 30 feet away. Inside the music room, appellant put Kianna on a table. Then he went over and stood by the doorway. Kianna got off the table and walked over to the doorway, expecting appellant would let her leave. However, he told her she had to “do something special” before she could go. At that point, Kianna turned around and started walking in the opposite direction. While she was doing so, appellant came up to her from behind and pulled down her shorts. Kianna promptly pulled her shorts back up, and about 10 seconds later, Danielle and Rachel entered the room. They did not see what appellant had done to Kianna. After appellant left the room, Kianna told Rachel what had happened, and later that day, Kianna told her mother about the incident. In speaking with authorities,