People v. Harvey CA3

Filed 12/15/21 P. v. Harvey CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Lassen) ----

THE PEOPLE, C092108

Plaintiff and Respondent, (Super. Ct. No. CR037233)

v.

KEVIN LEE HARVEY,

Defendant and Appellant.

A jury found defendant Kevin Lee Harvey guilty of burglary based on his entry into an inhabited dwelling with the intent to commit the crime of child annoyance. The jury deadlocked on the substantive child annoyance charge, which the court dismissed at the prosecutor’s request. On appeal, defendant challenges the burglary conviction for insufficient evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant, age 58, lived next to Jane Doe, age 13. During their five years as neighbors, defendant seldom interacted with Jane’s parents (mother and father) and had

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never been inside their house. Defendant sometimes made comments to Jane as she walked alone past his house after school. The comments made Jane feel “awkward” and she generally did not respond. In June 2019, “some guys” in a car drove by Jane as she walked down her street. They asked Jane if she needed a ride and she refused. The car then parked at defendant’s house. The incident “kind of spooked” Jane. Two months later, defendant went to Jane’s house around 3:00 p.m. and asked to speak to Jane. Father told defendant Jane was not home. Later that day, defendant went back to Jane’s house. Defendant brought dress shirts for father, then he asked again to speak to Jane. To be “congenial,” mother encouraged Jane to come to the door and talk to defendant. Defendant spoke to Jane for five to 10 minutes on the front steps. Defendant apologized to Jane about the guys in the car who tried giving her a ride and said those people were not his friends. He told Jane she did not have to worry about him and that he would never hurt her. Jane’s parents considered it “strange” defendant wanted to talk to their daughter. That night Jane slept alone in her bedroom. She awoke in the middle of the night when she heard her dog barking and footsteps in the house. Defendant opened her bedroom door, stood in the threshold of her doorway and said, “Are you in here?” Jane turned on the light and shouted, “What are you doing in my house? You need to leave.” Defendant left. Jane woke up her parents and told them defendant was in the house. Mother called 911. Police were dispatched to Jane’s house at 2:48 a.m. While mother was on the phone with the 911 dispatcher, father watched defendant because he was standing in the road. Defendant was talking loudly to himself or an “imaginary person” and mentioned an “Aunt Shelley.” Mother heard defendant talking to himself as he walked back toward Jane’s house, so mother called 911 again. Police soon arrived, found defendant sitting by the front steps of Jane’s house, and detained him. Defendant asked why he had been detained, and police told him they