People v. Kwark CA2/4

Filed 12/11/13 P. v. Kwark CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B240185

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA091206) v.

ROYCE SUNG KWARK,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Douglas Sortino, Judge. Affirmed. Cliff Gardner, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Stephanie A. Miyoshi and Daniel C. Chung, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Defendant Royce Sung Kwark appeals from the judgment entered upon his jury conviction of criminal threats, false imprisonment by violence, assault by force likely to cause great bodily injury, and assault with a firearm. Defendant argues the court committed reversible error in limiting his cross-examination of the prosecution’s main witness. We disagree and affirm.

FACTUAL AND PROCEDURAL SUMMARY The victim, Youn Kyong Oh, was a manager at the Green Spa in Baldwin Park, owned by defendant’s father. At about 9:30 p.m. on June 19, 2010, Oh called Kyung Hee Kim, the owner’s girlfriend, to report that a customer had reached through the office window and taken the spa ledger, which contained $500 to $530. An hour later, defendant, Kim, and two other men arrived at the spa, where Oh was waiting for them. At trial, Oh testified that upon entering the spa, defendant pointed a gun at Oh and threatened to kill her. He dragged her into the office, some 15 feet away, where he beat her, strangled her, and ground the edge of the gun over her body while holding her on the floor with his knee. Kim and one of defendant’s companions encouraged defendant. Defendant then emptied Oh’s purse on the floor and removed approximately $540. Kim counted the money. She accused Oh of arranging the theft she had reported earlier that evening. Defendant dragged Oh to another area of the office, where he continued to beat and strangle her. He ground the barrel of the gun against various parts of her body and threatened to shoot her. At one point, Oh’s head was covered with a towel, and she heard clicking noises. Oh was forced to copy and sign a statement Kim wrote for her in Korean. In the statement, Oh promised not to do anything to harm the spa. She also promised to take full responsibility in any police investigation and to return to Korea. Oh wrote down her name and Social Security number on a separate piece of paper. Kim told her that defendant and his companions were members of the “Chinese Mafia,” and she threatened to kill Oh if Oh did not leave for Korea within two days. Oh claimed she was let go around 2 a.m. Defendant and Kim retained Oh’s driver’s license.