People v. Moreno-Perez CA4/3

Filed 9/2/16 P. v. Moreno-Perez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050551

v. (Super. Ct. No. 12CF1024)

RAUL MORENO-PEREZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Dan McNerney, Judge. Affirmed as modified. David L. Annicchiarico, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr., and Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent.

Raul Moreno-Perez appeals from a judgment after a jury convicted him of kidnapping to commit a sexual offense and forcible oral copulation and found true kidnapping enhancements. Moreno-Perez argues the following: (1) insufficient evidence supports his conviction for kidnapping to commit a sexual offense; (2) the trial court erred when sentencing him for kidnapping to commit a sexual offense and the sentence should be stayed; and (3) his criminal protective order must be stricken. Although we agree with Moreno-Perez’s sentencing contention, a point the Attorney General concedes, his other contentions have no merit. We affirm the judgment as modified. FACTS Alma C. was born and raised in Mexico. In June 2001, Alma moved to Garden Grove to live with her aunt and she got a job distributing flyers. She did not speak English at the time. In November of that year, 19-year-old Alma finished working at 6:00 p.m. and waited at a bus stop in the City of Orange. There was a pharmacy behind the bus stop. At the time, the sun had set and the only light came from the pharmacy. While Alma waited at the bus stop, a man driving a van stopped to talk to her. She ignored him, and he drove away. The man drove by again, but he did not stop or say anything. The next thing she knew, the man approached her and was standing beside her at the bus stop. The man was Hispanic and looked to be about her age. He got close to her and asked her in Spanish if she wanted a ride. She said, “No.” The man said she should not think ill of him, “that he was only going to give [her] a ride.” She again refused because she did not know him. He said his name was “Raul.” Moreno-Perez was insistent and “kept on telling [her] that he was going to give [her] a ride.” Alma continued to decline because she did not know him. Frightened by his persistence, she looked at the young man sitting at the bus stop. The young man did not say anything.