People v. Mendoza

Opinion

ZELON, J. Defendant and appellant Jose Mendoza appeals his conviction for felony child molestation. (Pen. Code, § 647.6, subd. (b).1) In the unpublished portion of this opinion, we reject Mendoza’s claims that evidence of his prior sexual offenses was improperly admitted in violation of Evidence Code sections 1101 and 352 and that his motion for an acquittal pursuant to section 1118.1 should have been granted on the basis of insufficient evidence that he had an abnormal or unnatural sexual interest in the minor victim because of the victim’s age. In the published portion of the opinion, we hold that the requirement of entry into an “inhabited dwelling house,” as the term is used in section 647.6, subdivision (b), is met here and that the trial court properly denied Mendoza’s acquittal motion because the evidence is sufficient to support his conviction for felony child molestation.

FACTUAL AND PROCEDURAL BACKGROUND

Seventeen-year-old Fernando S. was up past 3:00 a.m. playing computer games in his bedroom when he heard the alarm in his house beeping to indicate an open external door. Fernando investigated the alarm and found a stranger—Mendoza—standing in the house, next to the open front door. Lifting his shirt, Mendoza said he was unarmed and had not stolen anything. Fernando asked what Mendoza wanted; Mendoza asked for directions. Fernando gave him directions and told him to leave.

After Mendoza exited, Fernando closed the front door, locked it, and watched through a window to make sure Mendoza left. Mendoza returned to the door; Fernando opened it and asked what he wanted. Mendoza asked if Fernando wanted “a blow job.” Offended and shocked, Fernando declined. Mendoza persisted, asking Fernando if he knew anyone who did. Fernando said no, closed the door, and called the police.

The police found Mendoza on the street, wearing the clothing Fernando had described. Fernando identified Mendoza in a field show-up.

Mendoza was convicted of felony child molestation (§ 647.6, subd. (b)) and sentenced to five years in prison—four years for the molestation and an [574]additional one-year prior prison term enhancement under section 667.5, subdivision (b). Mendoza appeals.