People v. Cisneros CA2/4

Filed 12/9/13 P. v. Cisneros CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B245906

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA086362) v.

AARON CISNEROS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Stanley Blumenfeld, Jr., Judge. Affirmed. Tracy A. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Aaron Cisneros appeals from his conviction of misdemeanor sexual battery in violation of Penal Code section 243.4, subdivision (e)(1). His appointed counsel found no arguable issues for appeal. Cisneros filed a supplemental letter brief claiming actual innocence and seeking a new trial, challenging the admission of evidence of another crime under Evidence Code section 1108, and asserting that his trial counsel was ineffective. We find no basis for reversal and affirm.

FACTUAL AND PROCEDURAL HISTORY On April 10, 2012, 18-year-old A.M. was a student at East Los Angeles College. She was walking to a bus stop when she saw appellant walking toward her. Shortly after he passed by, she had the sense that someone was in back of her.1 She turned and saw Cisneros behind her. As she continued walking, he came up next to her and put his arm around her shoulder. She attempted to push him away. A.M. did not know Cisneros. He asked her name and where she lived. A.M. pushed his arm off her shoulder but he continued to stay only two inches away from her as they walked. A.M. felt she needed to get away from him and began walking faster. Cisneros kept up with her. A.M. looked for a building to enter to get away. As she walked toward a building, Cisneros took hold of her wrist. He asked for her telephone number. Cisneros sat on a bench while holding A.M.’s wrist and put his hand on her buttocks, over the pants she was wearing. He pulled her close to him with his other hand so that her breasts were touching his chest. A.M. pushed him away. Cisneros stood, held her wrist, and tried to kiss her neck, although his lips did not touch her. A.M. was able to push him away and ran inside a campus building. She was frightened. Once A.M. was inside the building, Cisneros followed. When he came up to her, she backed away until stopped by a wall. Cisneros put one hand on the wall beside A.M.