People v. Ford CA6

Filed 9/18/14 P. v. Ford CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039251 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1121314)

v.

DARREN VINCENT FORD,

Defendant and Appellant.

Defendant Darren Vincent Ford appeals a judgment of conviction following a jury trial. In this appeal, defendant argues there was insufficient evidence at trial to convict him of annoying or molesting a child in violation of Penal Code section 647.6, subdivision (c)(2).1 Defendant also argues the court erred in giving the jury instruction on motive. (CALCRIM No. 370.) STATEMENT OF THE FACTS AND CASE In December 2011, defendant went to a trailer park in San Jose. There, he found A.D., who was a six-year-old boy, and M.D., his 11-year-old sister playing outside. Defendant picked up A.D. and asked if he could kiss the boy. A.D. said no, and defendant told him not to tell anyone about what had happened. Defendant then approached M.D. who was playing with a friend. Defendant told M.D. that she was

1 All further unspecified statutory references are to the Penal Code.

“bonita,” and asked if she had a boyfriend and if she wanted one. M.D. felt “weird” about defendant’s comments, and she was afraid that defendant “was going to take” her. Defendant then left the trailer park. After M.D. was approached by defendant, she ran up to an adult in the trailer park, Maribel Cardenas, who was also outside. M.D. was upset, and told Maribel that defendant asked her if she was looking for a boyfriend. Maribel went to the manager’s office at the trailer park to report the incident. The police responded to the call from the trailer park. Officer Camarillo spoke to A.D. in Spanish and asked him what happened. A.D. told the officer that a man came to the trailer park and offered him some sunflower seeds. The man picked A.D. up and said he wanted to kiss him, and not to tell anyone. Officer Camarillo spoke to M.D., who told him that defendant said “[y]ou are very pretty,” and “[d]o you have a boyfriend?” to which she responded that she did not. Defendant then said “Well, I want to be your boyfriend.” Police found defendant and arrested him at a bus stop about 100-200 feet away from the trailer park. Defendant was charged by information with one count of lewd and lascivious act upon a child under the age of 14 by use of force, violence, duress, menace, or fear, (§ 288, subd. (b)(1)), annoying or molesting A.D., a six-year-old child, with a previous conviction for a violation of section 288, (§ 647.6, subd. (c)(2)), and annoying or molesting M.D., an 11-year-old child, with a previous conviction for a violation of section 288 (§ 647.6, subd. (c)(2).) The information also alleged defendant had suffered a prior conviction for committing a lewd and lascivious act upon a child under the age of 14 by use of force, violence, duress, menace or fear (§ 288, subd. (b)(1)), as a strike and a serious felony (§ 667, subds. (b)-(i); § 667, (a)), a prior conviction for committing a lewd and lascivious act on a child (§ 288, subd. (a)), as a strike (§ 667, subds. (b)-(i)), and a