People v. McKenzie CA2/6

Filed 2/23/21 P. v. McKenzie CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B302242 (Super. Ct. No. GA101998) Plaintiff and Respondent, (Los Angeles County)

v.

RONALD MELVIN MCKENZIE,

Defendant and Appellant.

Ronald Melvin McKenzie appeals from the judgment after a jury convicted him of five counts of lewd acts on a child (Pen. Code,1 § 288, subd. (a); counts 2–5 & 19), four counts of possession of child pornography with a prior conviction requiring registration under the Sex Offender Registration Act (§ 311.11, subd. (b); counts 6–9), and four counts of oral copulation or sexual penetration of a child under 10 years old (§ 288.7, subd. (b); counts 10, 13, 15, & 17). The jury also found true an allegation

1 Statutory references are to the Penal Code.

that McKenzie had previously been convicted of child molestation (§ 647.6). The trial court sentenced him to 15 years to life in state prison plus eight years. McKenzie contends the judgment should be reversed because: (1) the prosecutor committed misconduct, (2) the trial court denied him the right to stipulate to and sanitize his prior conviction, and (3) these errors, considered cumulatively, denied him a fair trial. He also contends the convictions on counts 7–9 must be vacated. We vacate McKenzie’s convictions on counts 7– 9, and otherwise affirm. FACTUAL AND PROCEDURAL HISTORY McKenzie sexually abused his daughter for more than four years, beginning when she was five years old. He put his tongue in her mouth. He sucked on her breasts and licked her vagina. He took pictures of her naked body, made her watch pornography, and forced her to orally copulate him. Police arrested McKenzie and searched his computer. They extracted hundreds of images of child pornography from the computer, including dozens showing him engaged in sexual acts with his daughter. They also found pornographic images on his cell phone, including one showing a man’s hand digitally penetrating his daughter. Prosecutors charged McKenzie with five counts of lewd acts on a child, four counts of possession of child pornography with a prior, and four counts of oral copulation or sexual penetration of a child. They also alleged that McKenzie had previously been convicted of child molestation, an offense that required him to register as a sex offender. (See § 290, subd. (b).)