P. v. Brazelton CA4/3

Filed 3/13/13 P. v. Brazelton CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G046405

v. (Super. Ct. No. 08CF2997)

CHRISTOPHER MICAH BRAZELTON, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Robert V. Vallandigham, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Melissa Mandel and Charles C. Ragland, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION Defendant Christopher Micah Brazelton appeals from the judgment entered after a jury found him guilty of committing a lewd act upon S., a child under 14 years old, and a lewd act upon B., also a child under 14 years old. The jury also found true an enhancement allegation that Brazelton had committed a lewd act on multiple children. Brazelton contends insufficient evidence supported his conviction for committing a lewd act upon S. He further contends that because his conviction for committing a lewd act upon S. must be reversed, the jury’s finding he had committed a lewd act on multiple children must also be reversed. We affirm. An eyewitness testified that after she saw a man touch S.’s buttocks in a store, the eyewitness’s husband chased after the man and detained him until police officers arrived. During trial, one of the officers who responded to the scene identified Brazelton as the man who had been detained for touching S. Substantial evidence thus supported Brazelton’s conviction for committing a lewd act upon S. There is no basis for reversing that conviction or the multiple victims enhancement allegation.