People v. Townsend CA2/8

Filed 6/17/24 P. v. Townsend CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B327087

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA100011) v.

DEVAUGHN CLIFFORD TOWNSEND,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Scott T. Millington, Judge. Affirmed. Caneel C. Fraser, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael C. Keller and John Yang, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Devaughn Clifford Townsend was found guilty of forcible rape and domestic violence and was sentenced to six years in prison. He contends the trial court committed evidentiary error, instructional error and sentencing error. We affirm. FACTUAL AND PROCEDURAL SUMMARY The victim in this case, M.J., first met defendant in May 2018 and quickly fell into a romantic relationship with him. Defendant was charming at first but within a few days of their meeting, he began showing a jealous, controlling and aggressive side to his personality. On June 8, 2018, defendant picked up M.J. after she got off work to celebrate her birthday. They made a few stops, including at a liquor store, a restaurant and defendant’s cousin’s apartment. They drank alcohol and got four ecstasy pills from defendant’s cousin. On the drive back to M.J.’s apartment, defendant was angry and yelling at M.J., accusing her of being flirtatious and wanting to sleep with his cousin. Defendant called her a “stupid bitch,” repeatedly told her to “shut the fuck up” and slapped her face. He was driving fast and aggressively. At some point, when they stopped at an intersection next to a truck with two men in it, defendant yelled out the window to them, asking if they wanted M.J., telling them she was “for sale.” Once they got back to M.J.’s apartment, M.J. felt she had no choice but to let defendant come inside. She was scared of his behavior but hoped she could settle him down. They talked for awhile to no avail. Defendant told M.J. that his plan for that night had been to get her drugged and have her gang-raped by