People v. Perez CA2/6

Filed 8/29/16 P. v. Perez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B261263 (Super. Ct. No. LA075829-01) Plaintiff and Respondent, (Los Angeles County)

v.

IRVINE PEREZ,

Defendant and Appellant.

Irvine Perez appeals a judgment following conviction of felony indecent exposure, misdemeanor child molestation (three counts), misdemeanor sexual battery, and attempted misdemeanor sexual battery. (Pen. Code, §§ 314, subd. 1, 647.6, subd. (a)(1), 243.4, subd. (e)(1), 664.)1 We affirm. FACTUAL AND PROCEDURAL HISTORY Between the months of June and October 2013, Perez drove in a North Hollywood residential neighborhood and accosted minor girls who were walking alone. Perez, a registered sex offender, lived nearby. During one incident, he touched a girl's buttocks; in another, he exposed himself. Los Angeles Police Detective Martin Pinner prepared and displayed photographic lineups to the victims. At trial, the prosecutor presented evidence of sexual offenses committed by Perez against Leslie G., Andrea C.,

1 All statutory references are to the Penal Code unless otherwise stated.

and Sandra H., among other girls. Perez denied committing the acts and presented a defense of mistaken identity. Leslie G. (Counts 5, 6.) At 7:30 a.m., on October 22, 2013, 14-year-old Leslie G. walked in a residential neighborhood in North Hollywood. Perez drove a sports utility vehicle across a driveway, blocking Leslie's path. Perez left the vehicle, stood before Leslie, and exposed himself. He took a few steps toward her and then returned to his vehicle. As Leslie walked away, Perez drove by. She saw his face through the open window of his vehicle. Several days later, Leslie identified Perez in a photographic lineup, in part due to the appearance of his eyes and a facial mole. She later saw Perez's photograph in a media report. At trial, Leslie identified Perez as the man who accosted her. Los Angeles Police Detective Ramon Garces conducted surveillance of Perez on October 22, 2013, the day that Leslie G. was accosted. At approximately 7:30 a.m., Perez left his residence in a gray sports utility vehicle and drove to a nearby residential neighborhood. As he drove, Perez looked at young females walking on the sidewalk. At one point, he drove across a sidewalk and blocked a female's passage. Garces saw Perez “manipulat[e]” the top of his pants or the bottom of his shirt and leave his vehicle. Perez returned to the vehicle and left the area. Erin B. (Count 7.) At 7:45 a.m., on June 22, 2013, Erin B. walked in a North Hollywood neighborhood. Perez approached her and squeezed her buttocks before he ran to a white sports utility vehicle. Erin memorized part of the vehicle's license plate number. She later identified Perez from a photographic lineup and again at trial. Andrea C. (Counts 8, 9.) At 6:20 a.m., on September 18, 2013, 17-year-old Andrea C. walked on Hatteras Street in North Hollywood. Perez drove a gray sports utility vehicle along parked vehicles and blocked Andrea's path. He extended his arm through the open