People v. Jimenez CA4/3

Filed 6/21/16 P. v. Jimenez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051118

v. (Super. Ct. No. 13NF4396)

JOSE RAUL JIMENEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Dawn S. Mortazavi, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Lise S. Jacobson and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury convicted Jose Raul Jimenez of the misdemeanor crimes of indecent exposure (Pen. Code, § 314, subd. (1); all statutory references are to this code), and window peeking while loitering on another person’s private property (§ 647, subd. (i)).1 He contends there is insufficient evidence to sustain the conviction for indecent exposure. For the reasons expressed below, we affirm. I FACTUAL AND PROCEDURAL BACKGROUND On December 15, 2013, around 1:30 a.m., 13-year-old Julia C. was watching television in her bedroom. Jimenez ran past her window, then came back and stood in some bushes and faced the window. He unbuckled his belt, and she saw his pants were unbuttoned and his zipper was down. He touched his groin area. Julia did not see his genitals. She turned away and tried to ignore him. When she next looked out the window, Jimenez had pulled up his pants, and he held a screwdriver. He pushed the screwdriver against the window frame or screen. Julia summoned her mother, who turned out the lights and phoned the police. Julia told an officer later she believed Jimenez was urinating. Anaheim Police Officer Ryan Hunter saw Jimenez standing outside the window with his pants unbuttoned, and his underwear pulled down, exposing his upper pubic region and pubic hair. His genitals were not exposed. Jimenez consented to a search of his person, and the officer found an empty condom wrapper and a small eyeglass-type screwdriver in Jimenez’s pants pocket. Officers also found a condom on the ground directly in front of the window about two feet from Jimenez. The window screen appeared intact without notches or scratches. There were no scratches or marks on the screwdriver.