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The People v. Frank Leon Richardson

February 13, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
FRANK LEON RICHARDSON, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F04796)

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

P. v. Richardson

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Frank Richardson on three counts of violating Penal Code section 288, subdivision (a), a lewd and lascivious act on a child under the age of 14.*fn1 The jury also found defendant guilty of false imprisonment, a lesser included offense of the charged offense of false imprisonment by violence, menace, fraud, or deceit. (§ 236.) The victim in all counts was S.R., the granddaughter of defendant's wife.

The trial court found true an allegation that defendant had suffered a prior serious felony conviction for first degree robbery in the state of Oklahoma in 1992. The trial court sentenced defendant to a term of 19 years in prison.

Defendant argues the trial court abused its discretion when it admitted evidence of a prior uncharged sexual offense and when it denied his motion to strike his prior serious felony conviction. We find no abuse of discretion and shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The victim, S.R., was born in August 1996. In January 2009 she was 12 years old and in the seventh grade. At that time she was living with her grandmother and defendant, whom she considered to be her grandfather.

On April 27, 2009, S.R. was asleep in her room when she woke up with a pain in her "private area" (count 1). She felt defendant's hand in her "private area." Defendant was standing over her, and her pajama pants and underwear were around one of her ankles. The covers were no longer covering her. S.R. got out of bed and tried to run to her grandmother. She thought her grandmother would help her and call the police. She was unable to go out her bedroom door because defendant put his arm against the doorjamb in front of her (count 2). Defendant said, "I won't do it again."

S.R. went back to her bed, crying. Defendant stood at the end of her bed. S.R. screamed her grandmother's name, then ran out of her bedroom. She shook her grandmother to wake her up, and told her what had happened. Defendant left the house to pick up S.R.'s brother from work, and returned about five to seven minutes later.

S.R., her brother, and her grandmother left the house. They went to the hospital, where she was examined.

S.R. testified that the incident was not the first time defendant had touched her inappropriately. When she was nine or ten he put his hand inside her shirt. Another time he grabbed her breasts with his hands (count 3). She told him to move his hands, and he said, "What if I like my hands on ...


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