People v. Castillo CA4/3

Filed 10/31/13 P. v. Castillo 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G047652

v. (Super. Ct. No. 10NF2857)

JOEY ERNEST CASTILLO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Patrick Donahue, Judge. Affirmed. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Lise Jacobson and Vincent P. LaPietra, Deputy Attorneys General, for Plaintiff and Respondent.

A jury found defendant Joey Ernest Castillo guilty of rape. (Pen. Code, § 261, subd. (a)(2).) The court sentenced him to eight years in state prison. He appeals contending the trial court erred in admitting evidence of an earlier uncharged crime of attempted sexual assault on an unconscious woman. We conclude there was no error. Defendant also asks us to review the sealed transcript of a June 11, 2012 hearing, and determine whether the court, in denying him access to records, denied him his right to present relevant evidence. We have examined this transcript and find no error. We therefore affirm the judgment.

FACTS

Defendant, who was older, drove teenage G.V. and her friend M.H., together with three other teenage girls to a party. On the way, he furnished G.V. with alcoholic beverages. After the party broke up, someone yelled that the police had arrived, H.M. became separated. Defendant and G.V. walked around the neighborhood, looking for her. After defendant and G.V. were in a deserted area, defendant pushed G.V. to the ground, unbuckled her pants and removed one pant leg, her shoes, and pressed her to the curb holding down her arms and legs. Defendant took off his shorts, and raped her, leaving bruises on G.V.’s arms, legs, and back.