People v. Adams CA1/4

Filed 8/29/14 P. v. Adams CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A136639 v. CERVIS ERNEST ADAMS, (Contra Costa County Super. Ct. No. 5-101475-2) Defendant and Appellant.

Cervis Ernest Adams appeals from a judgment upon a jury verdict finding him guilty of forcible sexual penetration (Pen. Code,1 § 289, subd. (a)(1)) and inflicting corporal injury upon a cohabitant (§ 273.5, subd. (a)). Defendant pled guilty to failing to register as a sex offender within five days of gaining residency (§ 290.011, subd. (b)), and failing to register as a sex offender within five days of changing residency (§ 290, subd. (b)). In a bifurcated proceeding, the trial court found true the allegations that defendant had previously been convicted of sexual penetration with a foreign object using force (§ 667.61, subds. (a) & (d)), and that he had sustained four prior “strike” convictions (§§ 667, subds. (b)–(i), 1170.12), one prior serious felony conviction (§ 667, subd. (a)(1), and one prison prior (§ 667.5, subd. (b)). Defendant contends that the trial court abused its discretion in admitting evidence of his prior sex offense. We affirm.

1 Unless otherwise indicated, all further statutory references are to the Penal Code.

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I. FACTS E.E. began dating defendant in July 2010. E.E. attended church with defendant on July 25, 2010, and he escorted her home and spent the night with her in her apartment in Richmond. He spent several nights at her home; they performed oral sex on each other and defendant inserted his fingers in E.E.’s anus. The relationship continued for about three weeks during which they continued to engage in oral sex, with defendant inserting his fingers in E.E.’s anus about 10 times. On one of those occasions, defendant inserted a dildo into her anus. E.E. never told defendant to stop, but she did tell him that he was hurting her. At approximately 2:00 a.m. on August 6, 2010, E.E. awoke to defendant orally copulating her. She was startled. She told him to stop because he was not doing it right. Defendant punched E.E. in the face and slapped both sides of her face with his open hand. Her lip was injured and one of her teeth became loose. A photograph of the injured lip was shown to the jury. E.E. did not call the police because she knew that defendant kept a Ka-Bar, a big knife, under his pillow. Defendant seemed to know a number of policemen and she did not think they would help her. She did not end the relationship with defendant because he “sweet talk[ed]” her. At 2:00 a.m. on August 7, 2010, E.E. awoke to defendant inserting his fingers into her vagina. They went back to sleep and got up at 4:00 a.m. because defendant had to attend a funeral in San Francisco. As they went to the living room, defendant told her, “tonight I’m going to . . . fuck you up in your butt, so get ready.” In the living room, defendant said, “hit it,” meaning to orally copulate him. E.E. orally copulated defendant. They then read the Bible. E.E. reminded defendant that he needed to leave for the funeral. Defendant went to the front door and told E.E., “Come here.” E.E. went to defendant, who kneeled down and pulled down her pajama pants. He took her right leg and placed it over his left shoulder and started to orally copulate her. E.E. told him to stop because he was doing it wrong. He grabbed her by the shoulders and twisted and slammed her to the ground. Due to the force defendant used, E.E. landed on her back.