People v. Findlay CA3

Filed 7/26/22 P. v. Findlay CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C094502

Plaintiff and Respondent, (Super. Ct. No. CR2021-0116)

v.

SANDER IAN FINDLAY,

Defendant and Appellant.

Defendant Sander Ian Findlay continuously banged and kicked a neighboring apartment door one night while naked and shouting vulgarities. The three women inside the apartment were fearful he was trying to attack them. The jury found defendant guilty of stalking the women. On appeal, defendant argues the stalking convictions lack substantial evidence. We affirm.

1

FACTS At defendant’s jury trial, his roommate, C.T., testified that on the night of January 18 and the morning of January 19, 2021, defendant consumed 8 to 12 cans of beer and played his music so loud C.T. felt it could damage his ears through the walls. Over several hours, defendant progressively disrobed until he was walking around the apartment naked. The roommate’s argument about defendant’s behavior became physical, with defendant kicking C.T. in the stomach. C.T. became worried the situation would spiral more out of control, so he went to a neighboring apartment where three women lived. When he was in the neighbors’ apartment, one of the women called 911. After he spoke with police about what was happening and they left, C.T. went back to his apartment where he again argued with defendant and defendant called him “a coward for reporting him to those girls . . . for trying to flee over there . . . for trying to hide behind the cops.” C.T. slept on the outdoor furniture of the apartment complex, but heard defendant later yelling and pounding on a door before being arrested around 6:00 a.m. K.T., one of the women who lived in the neighboring apartment, testified she was woken up the morning of January 19 by C.T.’s urgent knocking on their door. They let C.T. in and immediately locked the door because defendant “was naked, and it is 4:00 in the morning. And [C.T.] was very stressed.” She said defendant walked into his apartment when they opened the door, and “he might have said something, but just sort of like in surprise that I opened the door.” The women then called 911 for C.T., who went back to his apartment. After the police left, K.T. started hearing a “slow knocking every five minutes or so.” Then “the doorbell start[ed] ringing . . . . And it was -- it was slow. It was like a scary move [sic]. It was creepy.” They could see through the door’s peephole it was defendant, who was still naked. She explained she was scared because she is “a young woman and I know I cannot defend myself. Because the man outside is naked and mad . . . . I was scared because it was the middle of the night.” She also heard him ask some