People v. Ke CA2/6

Filed 6/23/22 P. v. Ke CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B310622 (Super. Ct. No. GA104465) Plaintiff and Respondent, (Los Angeles County)

v.

CHANKOSAL KE,

Defendant and Appellant.

Chankosal Ke appeals from the judgment after the jury found him guilty of four counts of forcible oral copulation with a minor over the age of 14 (Pen. Code, former § 288a [current § 287], subd. (c)(2)(C)), 25 counts of forcible rape of a minor over the age of 14 (Pen. Code, §§ 261, subd. (a)(2), 264, subd. (c)(2)), and three counts of forcible sodomy of a minor over the age of 14 (Pen. Code, § 286, subd. (c)(2)(C)). The trial court sentenced him to state prison for 284 years. (Pen. Code, § 667.6, subds. (c) & (d).) Ke contends the trial court erred when it found the victim was unavailable at trial and admitted her preliminary hearing

testimony. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In October 2018, about a week before her 18th birthday, C.K. reported to police that her father, Ke, sexually abused her. At the preliminary hearing in November 2018, C.K. testified that Ke forced her to have vaginal, oral, and anal sex with him on numerous occasions, starting when she was 15 years old. Ke’s attorney cross-examined her at the preliminary hearing. On March 18, 2019, the court set a trial date of March 28. The case was continued several times until trial began on November 9, 2020. On March 19, 2019, district attorney investigator Dewayne Eldridge was assigned to locate C.K. and serve her with a subpoena for trial. Between March 2019 and October 22, 2020, he attempted to find her by “constantly” searching law enforcement and social media databases and by speaking to persons connected to her. On approximately March 20, 2019, Eldridge went to C.K.’s residence in Rosemead but received no response. He checked the license plate of a car parked in the driveway but it was not linked to the Ke family. He went to a neighbor’s house to get information, but nobody was home. At 6:15 the next morning, Eldridge returned to the residence listed for C.K. He spoke to two children who said they lived there since January. He showed them photographs of Ke and C.K., but the children did not know them. Eldridge left a business card and later spoke to the children’s mother, who also did not know C.K. or her family. Eldridge went to another residence in Rosemead that a