People v. Edem CA2/3

Filed 12/15/20 P. v. Edem CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B299445

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA085808) v.

ENEFIOK JOSEPH EDEM, Jr.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Martin L. Herscovitz, Judge. Affirmed. Spolin Law, Aaron Spolin and Caitlin Dukes for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael C. Keller and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

A jury convicted Enefiok Joseph Edem, Jr., of sex offenses against two victims. He contends on appeal that the trial court abused its discretion by admitting evidence of an uncharged act and that there is insufficient evidence to support his conviction. We reject both contentions. BACKGROUND I. The sexual assaults Edem was charged with committing sexual offenses against Sonora G. and Yesica L. A. Sonora G. In the early morning of June 8, 2015, Sonora G. fell asleep on a train, and her phone was stolen. She got off the train in North Hollywood and took methamphetamine. Edem, using a false name, approached Sonora G., and they talked. Sonora G. vaguely recalled smoking marijuana with him. He offered her a ride home in his car, which he said was parked a few stops down the line. They took the train to where he had parked his car, a beige SUV. Because it was hot outside, Sonora G. removed her tights. She was not wearing underwear. They drove around, stopping to buy vodka, which they both drank. Edem repeatedly said he wanted to have sex with Sonora G., but she made it clear she did not want to have sex with him. He suggested they go to Griffith Park to hang out before he took her home. At Griffith Park, they parked and talked. When Sonora G. said she wanted to go home, Edem instead drove to a secluded area in the park where he demanded sex and pulled on her legs and clothes. The more she said no the more aggressive he became. Scared, she ultimately said, “fine.” He asked if she had