In re R.F. CA3

Filed 11/23/20 In re R.F. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re R.F., a Person Coming Under the Juvenile Court C091685 Law.

THE PEOPLE, (Super. Ct. No. JV140050)

Plaintiff and Respondent,

v.

R.F.,

Defendant and Appellant.

Following a contested jurisdictional hearing, the juvenile court found the minor R.F. committed sexual battery. (Pen. Code, § 243.4, subd. (e)(1).)1 R.F. contends on appeal that the court’s finding rests on insufficient evidence. We disagree and affirm.

1 Undesignated statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND An April 2019 Welfare and Institutions Code section 602 petition alleged R.F., then 18 years old, committed misdemeanor sexual battery on the victim, K., when he was 17 years old. (§ 243.4, subd. (e)(1).) The victim also was 17 years old on October 5, 2018, the date of the incident. K. was in her bedroom studying. R.F. was at the house drinking with K.’s brother, R., and her brother’s friend, J.E. R. was 14 years old at the time, and J.E. was 16. K. and R.F. attended the same high school and K. had known R.F. for eight or nine months. They never had a romantic relationship. J.E. entered K.’s bedroom. K. was sitting upright on her bed with her laptop on her thighs and her back against the headboard. J.E. was intoxicated and laid horizontally across the foot of the bed, with his head resting on K.’s legs, just below her knees, where he fell asleep. Then R.F., who also was intoxicated, came into K.’s bedroom and laid next to her on the bed. It did not bother K. that R.F. was on her bed because they were friends. R.F. asked K. what she was doing, and she told him that she was studying. A short time later, R.F. moved closer to K., propped himself up on an elbow, and leaned over her. Without saying anything, R.F. put his hand on the button of K.’s jeans. K. pushed R.F.’s hand away and tried to push him off of her, but he kept putting his hand back on K. R.F. unbuttoned and unzipped K.’s jeans and put his hand inside her jeans and “rubb[ed]” her “vagina area” over her underwear. K. told R.F. to stop, but “he wouldn’t.” K. was trapped under J.E., as he was lying on her legs, so she moved her legs “three or four times” to try to wake him. The incident lasted no more than five minutes. J.E. eventually woke up, and K. asked him to take R.F. out of her room. R.F. did not say anything to K. before he left with J.E. K. felt “uncomfortable” after the incident and stayed in her bedroom. The next day, K. was “quite upset” and told her friend what happened. About six days later, K.