People v. Greene CA4/3

Filed 4/10/15 P. v. Greene 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G049263

v. (Super. Ct. No. 12CF2452)

JOSEPH MICHAEL GREENE, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, William R. Froeberg, Judge. Affirmed. Loleena Ansari, 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, Barry Carlton and Christopher Beesley, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION A jury convicted Joseph Michael Greene of one count (count 1) of stalking Jane Doe when there was a restraining order prohibiting such behavior, in violation of Penal Code section 646.9, subdivision (b) (further code references are to the Penal Code). In a prior trial, a jury had convicted Greene of four counts (counts 4 through 8) of disobeying a court order in violation of section 166, subdivision (a)(4). The trial court sentenced Greene to three years in prison. At the close of the prosecution’s case-in-chief, Greene moved for acquittal under count 1 pursuant to section 1118.1. Greene argues the trial court erred in denying the motion because there was no evidence he harbored the specific intent to cause Jane Doe to fear for her safety or the safety of her family. We conclude otherwise and therefore affirm.

FACTS Jane Doe lived in Orange County with her parents and brother. In 2008, Greene was involved in an incident with Jane Doe, which resulted in his conviction in 2009 of misdemeanor child annoyance. Jane Doe testified at the trial when she was 12 years old. The court issued a protective order requiring Greene not to take any action to obtain the address or location of Jane Doe or her family members, to have “no personal, electronic, telephonic, or written contact” with Jane Doe, to have no contact with Jane Doe through a third party, and not to come within 100 yards of her. In March 2012, while the protective order remained in force, Greene mailed three letters to Jane Doe’s home address in Orange County. One letter was addressed to Jane Doe, the second to her mother, S.P, and the third to her father. S.P. had never provided her home address to Greene. The letter addressed to Jane Doe was five pages in length and came in an envelope with a Seattle, Washington, postmark.