People v. Glenn CA5

Filed 9/1/15 P. v. Glenn CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE , F068328 Plaintiff and Respondent, (Super. Ct. No. F13903418) v.

KEVIN DURAN GLENN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Denise Lee Whitehead, Judge. James Bisnow, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Detjen, J. and Franson, J.

INTRODUCTION Appellant Kevin Duran Glenn was convicted by jury of four felony counts of annoying or molesting a minor child (Pen. Code, § 647.6, subd. (c)(2)). In addition, enhancement allegations were found true for two prior sex offense convictions (Pen. Code, §§ 288, subd. (c)(1), 289, subd. (a)) and a prior strike conviction (Pen. Code, § 667, subds. (b)-(i)). Appellant was sentenced to an aggregate term of 20 years in prison.1 Appellant argues that two prior convictions for sex offenses were improperly admitted as evidence of motivation and propensity in relation to the charged offenses of annoying or molesting a minor. As a result, he contends the instant conviction must be reversed because he was unduly prejudiced. We disagree and affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY A.N. (Counts 1 and 2) On April 8, 2013,2 16-year-old A.N. was walking to a bus stop from Cambridge High School after school was released around 2:00 p.m. From the driver’s seat of a white vehicle, appellant3 twice told A.N. to “come here.” A.N. did not respond and continued walking. Appellant pulled into a parking lot approximately five feet away from her and repeated “come here.” Scared, A.N. refused to approach him and appellant drove away. A.N. reported the incident to her mother, and then to her school’s principal and counselor. A few days later, on April 11th, A.N., and her friend K., saw appellant as they were walking from her school to the bus stop around 2:00 p.m. From his vehicle,

1 Appellant represented himself at trial after the trial court granted his Faretta motion. (Faretta v. Cal., 422 U.S. 806.) 2 All dates occurred in 2013 unless otherwise stated. 3 Aliza and two independent witnesses to the incident identified appellant at trial.