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The People v. Eddie Lee Wandick

November 19, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
EDDIE LEE WANDICK, DEFENDANT AND APPELLANT.



(Super. Ct. No. 11F01454)

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

P. v. Wandick

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Eddie Lee Wandick of felony false imprisonment (count one; Pen. Code,*fn1 §§ 236, 237), misdemeanor sexual battery (count two; § 243.4, subd. (e)(1)), and misdemeanor annoying or molesting a child under the age of 18 years (count three; § 647.6, subd. (a)). Defendant admitted that he had served two prior prison terms. He was sentenced to state prison for the upper term of three years plus two years for the prior prison terms. Defendant was awarded 191 days' custody credit and 94 days' conduct credit.*fn2 The trial court declined to impose any time for the misdemeanor convictions.

On appeal, defendant contends his count three conviction of annoying or molesting a child under age 18 is not supported by sufficient evidence of an unnatural or abnormal sexual interest in children or the child victim. We shall affirm the judgment.

FACTS

Prosecution Case-in-Chief

When she testified at trial, victim H.D. was 16 years old and was about to start her junior year in high school. She was a foster child and had been in the foster care system since she was 14 years old. She also was the mother of a one-year-old boy.

In February 2011, H.D. and her son were placed with foster mother R.W. and went to live with R.W. in her apartment. R.W. had three children: S.D., a 13-year-old girl, and two boys who were younger than S.D. The apartment had two bathrooms and three bedrooms. H.D. and her son shared a bedroom with S.D., the boys shared a bedroom, and R.W. had her own bedroom. H.D. had her own bed in the room she shared with S.D.

Defendant is the brother of R.W.'s father. On February 21, 2011, defendant came to R.W.'s house and was introduced to H.D. as "Uncle Eddie." Around 1:00 p.m. that day, while H.D. and S.D. were watching television, R.W. left the apartment to visit her boyfriend. Defendant and the girls watched movies until approximately 11:00 p.m., when H.D. decided to go to bed. When she went to her bedroom, defendant was still in the living room.

When H.D. started "to close [her] bedroom door, [defendant] barged into the room." She was in her pajamas and had just turned off the lamp. Defendant pushed H.D. down onto her bed, which consisted of a mattress on the floor. She was then lying on her back. She felt trapped in the room. Defendant grabbed H.D.'s wrist and got on top of her. He held both of her wrists over her head.

While defendant was holding her down, H.D. tried to get up. She testified: "I'm trying to kind of squirm from under him, kind of push him at the same time, but he's pretty heavy." She asked him to get off of her, but he did not comply. Instead, he started to kiss her neck. At one point, he asked her "if he could lay with" her. H.D. ...


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