People v. Tapia Ca4/3

Filed 5/14/14 P. v. Tapia 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G047788

v. (Super. Ct. No. 12CF1095)

JOSE LUIS TAPIA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, John Conley, Judge. Affirmed. Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Jennifer B. Truong, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury found Jose Luis Tapia guilty of sexual battery, simple battery and false imprisonment by violence, and not guilty of burglary, assault with intent to commit rape and false imprisonment. The court placed defendant on three years of formal probation, one of the terms and conditions of which was serving 364 days in jail. On appeal, defendant contends the court erred in limiting cross- examination of the victim, permitting the introduction of a statement made to police and that there was insufficient evidence to sustain his conviction for false imprisonment by violence. Finding no error, we affirm. I FACTS M. V. lives in an apartment on Parton Street in Santa Ana. Defendant is the brother-in-law of the apartment manager. On April 11, 2012 at about 2:15 in the afternoon, when she was three months pregnant, she was lying in bed with her infant daughter, who was sleeping, and her four-year-old son, who was watching television when she heard a noise. She then felt “like a shadow like standing like next to” her. Defendant was “standing like right next to [her] bed.” She added she could smell alcohol and that he was “like drunk.” Defendant grabbed her breast, and said, “I can see your nipple.” He chased her around the bed, and pulled the blanket away. She described what happened next: “And then he just grabbed me and he tried to grab my leg, and then he is like, are you wearing underwears? I was like, that’s not none of your business.” She took his hand away, and “then like he just got on top of [her], and that’s when [her] daughter woke up and she started crying and shaking. Because she saw him on top of [her]. And [she] told him, get off, you’re hurting me.” He was “like hugging” her. She pushed defendant away. She started screaming for the apartment manager.