P. v. Donkor CA2/8

Filed 8/6/13 P. v. Donkor CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B245780

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA080767) v.

ANDREW KWASI DONKOR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. James R. Dabney, Judge. Affirmed.

Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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A jury convicted defendant Andrew Kwasi Donkor of meeting a minor for lewd purposes (Pen. Code, § 288.4, subd. (b)) and six counts of lewd or lascivious acts on a child (§ 288, subd. (c)(1)).1 The trial court sentenced Donkor to 14 years in state prison. We affirm. FACTS In January 2012, 15-year-old Alison S. began visiting the website myyearbook.com. Online, she encountered Donkor, who identified himself on the site as 18-year-old Mystic Magnus. Donkor was in fact 40 years old. At first, Alison told Donkor she was not interested in him. However, in March, Donkor contacted Alison again online, and they began communicating. Although Alison’s original online profile indicated she was 17 years old, early in her communications with Donkor she told him she was actually 15. Alison gave Donkor her telephone number, at his request. At first, he called her once or twice a week, and sent her daily text messages. Eventually, they began talking on the telephone every day. Donkor asked Alison to be his girlfriend. She agreed. Approximately once a week, Donkor brought up the topic of sex. Donkor told Alison that if she loved him she would “give him [her] innocence,” and that girlfriends satisfy their boyfriends by having sex. They made plans to have sex. Donkor told Alison he wanted to marry her, but she said she was not ready to think about it as she was only 15. In May 2012, Donkor told Alison that if they were going to get married in the future they should have sex. They arranged to meet in El Segundo, where Alison lived. Alison had not yet met Donkor in person. Donkor told Alison they would have sex. Alison was uncomfortable with the idea, but was willing to go forward with it to keep Donkor as her boyfriend. Donkor picked Alison up in a car, near her house. They drove to a spot next to a building. Donkor told Alison to get into the back seat and take off her pants. Donkor engaged in sex acts with Alison, including intercourse and oral copulation involving multiple penetrations. He also put his hands on Alison’s chest and kissed her.