People v. Robinson CA5

Filed 1/25/24 P. v. Robinson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F084462 Plaintiff and Respondent, (Super. Ct. No. CRF62544) v.

GARETH WARREN ROBINSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge. Jason Szydlik, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Ivan P. Marrs and Edrina Anderson, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Peña, J., Snauffer, J.

Appellant and defendant Gareth Warren Robinson was convicted at a jury trial of committing a lewd act on a 14-year-old child. On appeal, defendant claims his defense counsel was incompetent for failing to present testimony from the defendant’s psychiatrist regarding his mental health diagnosis. We affirm the judgment. FACTUAL BACKGROUND Prosecution Evidence On March 30, 2018, defendant picked up his niece, the confidential victim (hereafter “C.V.”), from her father’s home in the afternoon. C.V. was 14 years old at the time, and she considered defendant to be one of her best friends. Defendant and C.V. would often get food and go to the mall together. Defendant’s girlfriend was in the car with defendant and C.V. at one point in the afternoon. However, defendant dropped his girlfriend off at her home after they had an argument and broke up. Defendant and C.V. went to the home of C.V.’s mother and they stayed to talk with her mother for a while. Defendant decided to take C.V. to get fast food, and they drove around looking for a party after they finished eating. Defendant was unable to find the party after driving around the town, and he pulled the vehicle over on the side of the road to urinate. Once defendant returned to the vehicle, he moved his left hand over to the passenger side of the vehicle and grabbed C.V.’s left breast over her shirt. C.V. told defendant to stop and moved her body away from him. Defendant apologized to C.V., and then he tried to kiss her. C.V. pulled away from defendant, and she told him to take her home. Defendant repeatedly stated, “sorry” on the short drive back to the home of C.V.’s father. Upon C.V.’s return to her father’s house around 1:00 a.m., she ran into her brother’s room and told him what defendant did. C.V’s brother told her to report the incident to her mother and the police. C.V.’s mother initially yelled at her because she was calling late, and her mother expected her to be home by 9:00 p.m. on school nights. C.V. was crying on the phone, and her voice sounded frantic and scared. C.V. told her mother about what happened with defendant.