People v. Diaz CA2/5

California Court of Appeal Aug 25, 2025 No. B336397Unpublished

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Holding. The trial court did not abuse its discretion in ordering the defendant to register as a sex offender under Penal Code section 290.006, as substantial evidence supported the finding that the false imprisonment was committed for sexual gratification.

Issues

Whether the trial court erred in finding the defendant committed false imprisonment for the purpose of sexual gratification under Penal Code section 290.006.
Whether the jury's acquittal on a kidnapping charge precluded the trial court from ordering sex offender registration.
Whether the trial court violated the defendant's Fifth Amendment rights by commenting on his failure to testify during the sentencing hearing.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The trial evidence therefore supported a finding, by a preponderance of the evidence, that when defendant falsely imprisoned Jennifer, he did so with the purpose of sexual gratification.”

“The trial court was not bound by the jury’s verdict in determining the facts related to sex offender registration.”

“As noted, there is no Griffin error for commenting on the state of the evidence.”

Filed 8/25/25 P. v. Diaz CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B336397

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA105654) v.

FERNANDO DIAZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Christopher W. Dybwad, Judge. Affirmed. S.R. Balash, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

After a jury found defendant Fernando Diaz guilty of false imprisonment, the trial court ordered that he register as a sex offender pursuant to Penal Code1 section 290.006. On appeal, defendant contends the trial court erred by requiring such registration. We affirm.

II. BACKGROUND

A. Procedural Summary

On May 3, 2022, the Los Angeles County District Attorney charged defendant by information with one count of kidnapping. (§ 207, subd. (a).) On September 26, 2023, a jury acquitted defendant of kidnapping, but convicted him of the lesser-included offense of false imprisonment. (§ 236.) On December 8, 2023, the trial court sentenced defendant to 364 days in county jail. The court also exercised its discretion to order that defendant register as a sex offender pursuant to section 290.006.

People v. Diaz CA2/5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B336397

FERNANDO DIAZ,

I. INTRODUCTION

II. BACKGROUND

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C. Sex Offender Registration

III. DISCUSSION

IV. DISPOSITION

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KIM (D.), J.

MOOR, J.

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