People v. Staunton CA2/1

Filed 8/25/15 P. v. Staunton CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B253615

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA399634) v.

MICHAEL STAUNTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Paul T. Suzuki, Judge. Affirmed. Melanie K. Dorian for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent. ___________________

Appellant Michael Staunton pleaded not guilty to the charges in an information against him. In count 1 he was charged with sexual battery by restraint (Pen. Code, § 2453.4, subd. (a)); in count 2, with assault by a public officer (Pen. Code, § 149); and in count 3, with false imprisonment by violence (Pen. Code, § 236). A jury found him guilty as charged. He was sentenced to four years in state prison, the upper term for count 1. The sentences for counts 2 and 3, the midterm of two years for each, were stayed. (Pen. Code, § 654.) Staunton appeals. (Pen. Code, § 1237.)

Background Staunton worked as one of about 400 sworn peace officers of the Los Angeles Airport Police, at Los Angeles International Airport. Officer Howard Chambliss worked for the Airport Police as a security officer, not a sworn peace officer, and therefore did not carry a gun or have the power to arrest, as police officers did. Staunton and Chambliss were well acquainted as friends at work. On April 12, 2011, Melissa W. was at the airport with Tracy Culp, waiting for their return flight to Washington. Coming to meet them at the boarding gate were a friend, Frankeice Jordan, and Jordan’s young daughter Hazel, with whom they had been visiting in Los Angeles. They sat on a bench past the security screening area, opposite a security podium, at which Melissa noticed Staunton and Chambliss, whom she believed to be “regular police officers” because of their uniforms, badges, and weapons. After his lunch, Chambliss had stopped at the podium to talk with Staunton on his way to a visit with another airport employee whom he had been dating. According to Chambliss, Melissa was dressed in a short and somewhat revealing white dress. Staunton noticed, and commented to Chambliss on Melissa’s good looks and attractiveness. Staunton, who had been staring at Melissa and Culp, called Melissa over to the security podium, apparently to sign something on his clipboard; but when she was there he said he “just wanted to see your sexy ass walk over here”—to which Melissa laughed nervously. Staunton and Melissa talked for a while, apparently friendly and with some