People v. Paige CA4/1

Filed 4/27/23 P. v. Paige CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079349

Plaintiff and Respondent,

v. (Super. Ct. No. SCD285593)

DALIJAH ARMEASE PAIGE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Joan P. Weber, Judge. Affirmed. Nancy J. King, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent.

Dalijah Armease Paige appeals from his conviction for aggravated

kidnapping to commit rape (Pen. Code, § 209, subd. (b)(1))1 and related crimes. He contends that: (1) there is insufficient evidence to support the asportation element of aggravated kidnapping; and (2) the aggravated kidnapping statute is void for vagueness. We reject both contentions and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In March 2020, J.V. was a student at San Diego State University and had a job working at San Diego City College (City College). Around 3:30 p.m. on March 18, she was walking on the City College campus from her office to her car after work. There were few people on campus because the COVID-19 stay-at-home orders had just gone into effect. As J.V. was walking through a deserted courtyard area, a man later identified as Paige stepped out of an alcove of a campus building and approached her near an emergency call box. J.V. noticed a suitcase in the alcove from which he emerged. J.V. said “hi” to Paige. He immediately grabbed her by the shoulder and arms and dragged her towards the alcove and away from the emergency call box. He dragged her approximately 23 feet to the back of the alcove, which was 79 inches wide and 42 inches deep. J.V. was five feet four inches tall and weighed around 115 pounds; Paige was six feet two inches tall and weighed around 164 pounds. J.V. struggled and screamed for help. Paige began punching her in the face. J.V. fell to the ground and assumed the fetal position in a corner of the alcove. She attempted to kick Paige to keep him away from her. Paige tried to remove J.V.’s pants as she continued to kick him. J.V. pleaded with Paige to stop and offered to send him money by Venmo. Paige