People v. Hickerson CA3

Filed 1/24/24 P. v. Hickerson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C098467

Plaintiff and Respondent, (Super. Ct. No. 20FE005074)

v.

JONATHAN MICHAEL HICKERSON,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by Wende, we will direct the trial court to correct the abstract of judgment and minute order to reflect the fines and fees imposed and stayed during the trial court’s oral pronouncement at sentencing. Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm.

1

BACKGROUND We provide the following brief description of the facts and procedural history of the case. The People’s April 3, 2023, amended information charged defendant with two counts of sexual battery with unlawful restraint (Pen. Code, § 243.4, subd. (a))1 and alleged these batteries were committed on separate occasions under section 667.6. At trial, the People presented evidence that defendant sexually assaulted his ridesharing service driver Rachael in April 2019. Rachael picked up two intoxicated passengers, including defendant. Following pickup, Rachael politely declined defendant’s repeated romantic advances. After completion of the ride, one passenger exited, but defendant wedged himself between the front seats, pressing himself against Rachael, and making it impossible for her to unfasten her seat belt to exit the car or reach her phone. Defendant kissed and sucked on Rachael’s neck, grabbed her breast (exposing it), and sucked on her nipple. Rachael immediately and repeatedly told defendant no, to stop, and to get out of the car, but he did not comply. Eventually, defendant exited the car after the other passenger intervened, and Rachael drove to a safe location to call 911. A medical exam revealed bruising on Rachael’s breast. During defendant’s police interview, he eventually admitted kissing Rachael’s neck and cheek, as well as grabbing and sucking on her breast. Defendant presented two character witnesses who attested that he was a respectful and nonaggressive person. Defendant also testified, admitting he had engaged in what he thought was consensual sexual contact with Rachael. The jury found defendant guilty on both counts, but found the allegation that the batteries were committed on separate occasions not true.