People v. Petrosyan CA2/2

Filed 6/29/16 P. v. Petrosyan CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B263404

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA428778) v.

ANDRE PETROSYAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Katherine Mader, Judge. Affirmed.

Cyn Yamashiro, 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., and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant Andre Petrosyan was charged with two felonies—criminal threats (Pen. Code, § 422, subd. (a))1 and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1))—and misdemeanor sexual battery (§ 243.4, subd. (e)(1)). The jury found him not guilty on the felonies and guilty on the misdemeanor charge. He was sentenced to time served of 365 days in jail (he was serving time on another case). Appellant contends the evidence was insufficient to support the jury’s verdict on his misdemeanor conviction. We affirm. FACTS On August 20, 2014, at approximately 8:50 a.m., Jessica R. (the victim) was standing at a bus stop on Whittier Boulevard in Los Angeles County. When she saw appellant, he was less than two feet away. The victim is approximately four feet four inches tall, and appellant is approximately five feet six inches tall. They were the only two people at the bus stop, and there was no one else on the street. Appellant stood in front of the victim and asked her, “[H]ow old are you? You have kids? Or are you married?” The victim lied and told appellant that she was married and pregnant. She took one step away from appellant and did not make eye contact with him because she was scared. Appellant then asked her, “[D]oes your husband lick your vagina? Does he finger your vagina? What does he do to you?” A “pretty strong” smell of alcohol came from appellant’s breath and his speech was slurred. Appellant then came within inches of her chest. She did not step away because she was scared. When appellant “got real close,” she felt pressure as “if his hands touched [her]” or “something touched [her].” She felt the pressure on the bottom half of her breasts, and she did not feel pressure anywhere else on her body. She did not see appellant’s hands and she did not know what appellant used to apply pressure. His hands were below her head. At the time she felt the pressure on her breasts, appellant’s eyes were directed at her breasts.