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The People v. Jabar Kenta Randle

March 23, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JABAR KENTA RANDLE, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F04530)

The opinion of the court was delivered by: Raye , P. J.

P. v. Randle

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Jabar Kenta Randle was sentenced to 30 years in state prison after a jury convicted him of four counts of lewd and lascivious acts against a child under the age of 14 and one count of continuous sexual abuse against a child, all against his daughter (the victim). He appeals two of his five convictions for insufficient evidence, and claims his counsel provided ineffective assistance with regard to the lewd and lascivious act charge. He also claims the court relied on improper reasons to justify imposition of the upper term sentence. We will affirm the judgment.

FACTUAL BACKGROUND

Defendant had a 14-year relationship with the victim's mother, with whom he has two other biological children and one stepchild. Defendant lived with the victim's mother for approximately 13 of those 14 years. During a three-month period in 2005 they lived together with their four children at a particular apartment complex in Sacramento (the Sacramento Apartments). By 2007 their relationship was over and defendant no longer lived with the family.

In fall 2008 defendant's sister, together with her children and the then 13-year-old victim, watched a movie on the Lifetime channel about child molestation. Defendant had molested his sister when she was a child, and she suspected he might have molested the victim as well. Defendant's sister asked all of the children if anyone had ever touched them inappropriately. The victim told her aunt that defendant had been molesting her since 2003, when she was eight years old and they were living at the Sacramento Apartments.*fn1 Defendant's sister decided not to call the police at that time because defendant was incarcerated and she felt the victim was safe.

Some months later, during a game of "truth or dare," the victim revealed that she was still being molested by defendant. Defendant's sister told the victim's mother, who contacted the police.

On January 3, 2009, Sacramento Police Department Officer Colleen Barker interviewed the victim, who said defendant had been molesting her "too many times to count" since she was approximately 10 years old, touching her breasts, vagina, and buttocks, over and under her clothing, and having vaginal intercourse with her. She said defendant did not wear a condom and ejaculated. He sodomized her and digitally penetrated her vagina, orally copulated her, and had her orally copulate him. He liked to smell and lick her feet and suck her toes, and smell her vagina and her "butt." He also told her he wanted to "taste her blood," which the victim took to mean defendant wanted to orally copulate her while she was menstruating. Defendant told her that God wanted him to do the things he did to her, and told her not to tell anybody. The victim said most of the acts occurred in the den at defendant's father's house (Grandpa B.'s house).

After the interview, Officer Barker had the victim make a pretextual telephone call to defendant. The call was recorded and ultimately played for the jury. During the call, the victim told defendant she was scared because her mother was "talking about calling the cops" and she did not know what to tell police. The conversation included the following colloquy:

"[Defendant]: [Don't t]ell them (unintelligible) a mother-fucking thing, you already know. Not a mother-fucking thing.

"[The Victim]: I already know what?

"[Defendant]: Don't say a motherfucking thing.

"[The Victim]: Uh-huh.

"[Defendant]: You already know. (Unintelligible). You understand me?

"[The Victim]: What is going to happen?

"[Defendant]: Nothing. You tell nothing. Nothing ever happened.

"[The Victim]: To you and me.

"[Defendant]: Nothing. No (unintelligible).

"[The Victim]: Uh-huh.

"[Defendant]: (Unintelligible) nigger. What the fuck . . . what you mean?

"[The Victim]: Dang, Dad. Why do you have to cuss?

"[Defendant]: 'Cause I -- I -- I don't -- I don't want to be disturbed by bullshit. Okay, you already know. You already fucking know . . . . You already know. You shouldn't ask me that. You already know too. You already know. Don't talk about shit. You already know.

"[The Victim]: Mom is going to tell them --

"[Defendant]: Tell them what?

"[The Victim]: That you touched me.

"[Defendant]: Oh she's lying. You going to say what she say. She's lying. She don't know nothing. What's she doing? This here is bullshit. (Unintelligible) her.

"[The Victim]: Are they going to make you stop touching me?

"[Defendant]: Who? Are they what?

"[The Victim]: Are they going to make you stop touching me?

"[Defendant]: Who?

"[The Victim]: The cops?

"[Defendant]: What about them?

"[The Victim]: Are they going to make me -- you stop touching me?

"[Defendant]: . . . are you trying to play me right now?

"[The Victim]: No.

"[Defendant]: (Unintelligible) right now, (unintelligible) right now.

"[The Victim]: I'm not.

"[Defendant]: What you're doing right now -- you're saying -- are you playing with me right now?

"[The Victim]: No.

"[Defendant]: Like I said I'm not in the mood to be playing with no bullshit. I'm not -- ...


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