People v. Brown

Opinion

BROWN (Gerald), P. J.

A jury found David Ray Brown guilty of sodomy (Pen. Code, § 286), kidnaping (Pen. Code, § 207) and assault with a deadly weapon (Pen. Code, § 245). The trial court reduced the assault with a deadly weapon charge to the included misdemeanor offense of exhibiting a deadly weapon in a threatening manner (Pen. Code, § 417). The court sentenced Brown to state prison on the sodomy and kidnaping counts and the county jail for six months on the misdemeanor. The court stayed execution of sentence on the sodomy and exhibiting a deadly weapon convictions pending any appeal, the stay to become permanent upon completed service of -the sentence for kidnaping.

On May 15, 1968, 14-year-old Steven S. saw Brown at the San Diego County Hospital. Steven said he had known Brown before in Perris, California. Steven introduced Brown to his aunt. Brown offered to drive both Steven and Steven’s aunt home in his car after he completed his business at the hospital. Steven’s aunt could not wait. She took a bus home, leaving Steven at the hospital to ride home with Brown.

Brown drove Steven first to a furniture repair shop, then to Brown’s hqme and finally to Steven’s aunt’s house where Steven lived. Nothing unusual happened during this trip.

The following day, May 16, 1968, Brown arrived at Steven’s house between 9:30 and 10 in the morning. Steven was home, having told his aunt he did not feel well and wanted to stay home from school. Brown told Steven’s aunt about a Youth Organization he recommended Steven join. Steven’s aunt told Steven to go to school. Brown volunteered to drive Steven there. Steven demurred but went with Brown when his aunt insisted he attend school.

Instead of taking Steven to school, Brown took him to his home against Steven’s wishes. At this point Steven said he wanted to go to school. Steven

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said Brown threatened him with an ice pick like weapon while in the car. Steven and Brown entered Brown’s house. Brown locked the door. Steven sat down as Brown went into the kitchen. Steven tried to leave but Brown reappeared with the ice pick like weapon and ordered Steven into the bedroom. In the bedroom, Brown ordered Steven to disrobe, then committed an act of anal intercourse on Steven.