People v. McCulloch CA4/1

Filed 3/15/21 P. v. McCulloch CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077567

Plaintiff and Respondent,

v. (Super. Ct. No. SCD281832)

VERNON McCULLOCH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Affirmed.

Matthew R. Garcia, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Michael Pulos and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent. BACKGROUND On May 20, 2019, 11-year-old A.G. waited alone for her mother in the staff parking lot at her elementary school. The parking lot was surrounded

by fencing and gates that were 15 to 20 feet high. One of the gates remained open. As she waited, defendant Vernon McCulloch approached the dumpsters on the side of the parking lot. He was singing, humming and saying inappropriate things, like “fuck.” When defendant saw A.G. he started talking to her, again saying inappropriate things and calling her a “bitch.” He told her he wanted to play and they would be “playing with [her] pussy.” He simulated a humping motion. A.G. became frightened and called out for the school janitor. Defendant then found the padlock on the gate and locked A.G. inside. Cursing, he left while A.G. tried to find a way out of the parking lot. After a few minutes, her mother arrived and called the police. A.G. stated she was scared and felt uncomfortable and not safe. The San Diego County District Attorney filed an amended information charging defendant in count 1, with contacting a minor with intent to commit