People v. Angellano CA2/8

Filed 12/4/14 P. v. Angellano CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B252168

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA090612) v.

ANTHONY ANGELLANO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, James Pierce, Judge. Affirmed.

Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Shawn McGahey Webb and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

_______________________________

A jury convicted defendant and appellant Anthony Angellano of three counts of oral copulation of a person under 18 years of age (counts 1, 2 & 4; Pen. Code, § 288a, subd. (b)(1)), and three counts of sexual penetration by foreign object of a person under 18 years of age (counts 3, 7 & 8; Pen. Code, § 289, subd. (h)).1 On appeal, Angellano contends the trial court failed to exercise its statutory discretion properly in ordering him to register as a sex offender pursuant to section 290.006. We affirm. FACTS Substantial evidence at trial (see, e.g., People v. Kraft (2000) 23 Cal.4th 978, 1053-1054), established that Angellano had a non-intercourse sexual relationship with Jane Doe between June and December 2006, while she was a 17-year old high school student and he was her coach on the school’s dance team. After she graduated from college in 2011, Doe reported Angellano to police. In 2012, the People filed an information charging Angellano with five counts of oral copulation of a person under 18 years of age (counts 1, 2, 4, 5 & 6), and five counts of sexual penetration by foreign object of a person under 18 years of age (counts 3, 7, 8, 9 & 10). The charges were tried to a jury in September 2012. The prosecution presented substantial evidence supporting the jury’s verdicts noted above through the testimony of Jane Doe. Further, the prosecution called Nicole C., who testified that Angellano had a sexual relationship with her, including intercourse, during 2001, while she was a 17-year- old member of the school dance team and he a team instructor. Angellano testified in his own defense. He admitted he had an “inappropriate” sexual relationship with Nicole C., when she was a student at their school. He admitted he had a “dating” relationship with Jane Doe, but denied any oral copulation and denied any penetration; he stated they had only “kissed.” On September 21, 2012, the jury returned guilty verdicts as noted above. On November 8, 2012, the trial court sentenced Angellano to an aggregate term of two years in state prison as follows: a two-year midterm on count 1, plus concurrent two year terms on counts 2, 3, 4, 7 and 8. The court imposed a victim restitution fine of $240