People v. Mejia CA4/3

Filed 12/29/14 P. v. Mejia 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G049392

v. (Super. Ct. No. 10CF3415)

JOSE RICARDO MEJIA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Francisco P. Briseno, Judge. Affirmed. Diane E. Berley, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.

Jose Ricardo Mejia appeals from a judgment after a jury convicted him of multiple sex offenses and found true numerous “One Strike” allegations (Pen. Code, § 667.61; all further statutory references are to the Penal Code). Mejia argues insufficient evidence supports the “One Strike” allegations as to two of the counts. We disagree and affirm the judgment. FACTS Sarina D. One evening in August 2009, Mejia picked up Sarina D., who was working as a prostitute. After Sarina got into his backseat, Mejia repeatedly hit her face with a crowbar while he pulled off her underpants. Sarina tried to escape, but Mejia hit her on the head with the crowbar and dragged her back into the car’s backseat. Mejia told her, “You’re going to die tonight, bitch.” Blood rolled down Sarina’s face as Mejia forced her to orally copulate him. When Mejia saw a truck’s headlights, he ran away. Sarina waited for police to arrive, and paramedics took her to the hospital where a detective obtained her DNA. A detective obtained Mejia’s DNA the following day, but he was not arrested. Forensic testing revealed Mejia attacked Sarina. Sarina identified Mejia as her attacker from a photographic lineup. Amber M. In February 2010, Mejia picked up Amber M., who was working as a prostitute. After Amber got into his car, she told him where to drive, but he ignored her and drove to another location and parked. Amber got into the backseat, and Mejia got out of the car and got into the backseat. Mejia pulled out his penis, put on a condom, and told Amber to “suck it.” Amber said he needed to pay her $100 first. Mejia punched her in the face, which caused her head to slam into the car window. Amber blacked out, heard ringing, was out of balance, and was shaking. Mejia continued to hit her. Mejia grabbed her hair, forced her head down, and said, “Suck my dick, bitch.” After he took the condom off, he forced her head up and down on his penis. About one minute later,