People v. James CA2/8

Filed 11/20/15 P. v. James CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B257226

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA058249) v.

CHARLES D. JAMES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa M. Chung, Judge. Affirmed.

John A. Colucci, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., Joseph P. Lee and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent. ******

Charles D. James appeals from his conviction on several counts arising from the sexual assault of a 14-year-old girl, who was referred to as “Jane Doe” throughout the proceedings. Appellant argues the court committed reversible error by admitting the victim’s statements to an examining nurse, even though the victim testified at trial. We disagree and affirm. FACTS On December 13, 2012, around 6:00 a.m., Jane Doe left her apartment in Lancaster and began walking to her high school. At one point, she noticed a man following her. She crossed the street and began to run. The man ran up behind her, grabbed her, and as she screamed, told her, “Be quiet or I will kill you.” Jane Doe struggled to get away while the man pushed her into some bushes and against a brick wall behind the bushes. He held her from behind so that she was facing the brick wall. The man asked her, “Do you have dick on your mind this morning?” and, “Have you ever had it before?” Then the man pulled down her shirt and bra and licked her left breast. The man proceeded to pull down her jeans and underwear and unbuckle his pants. As he unbuckled his pants, Jane Doe was able to turn her head and look at the man. He was black, had facial hair, and had braided or pulled-back hair on his head. He used his finger to feel around her anus and then forcibly inserted his penis into her anus approximately three times. At this point he stopped and said, “If you tell anybody, then I’ll kill you and your family,” pushed her to the ground, and fled. After the man fled, Jane Doe ran in the opposite direction and sought help. She ran into classmates and used one of their cell phones to call her mother, who did not answer. She fainted and when she regained consciousness, she called 911, and deputy sheriffs arrived on the scene shortly thereafter. Forensic nurse examiner Sylvia Fink examined Jane Doe at Antelope Valley Hospital on the morning of the assault. Based on Jane Doe’s account, Fink collected various swab samples from the victim, including from her left breast, her buttocks, the crack of her buttocks, and her rectum. Fink also took photographs, which showed abrasions in Jane Doe’s rectal area at three different locations around the anus.