Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Angel

California Court of Appeals, Fourth District, Second Division

March 17, 2017

THE PEOPLE, Plaintiff and Respondent,
v.
SELINA MICHELE ANGEL, Defendant and Appellant.

         APPEAL from the Superior Court of Riverside County No. RIF1402688. Michael B. Donner, Judge. Affirmed.

          Kyle D. Smith, under appointment by the Court of Appeal, for Defendant and Appellant.

          Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland, Scott C. Taylor and Samantha L. Begovich, Deputy Attorneys General, for Plaintiff and Respondent.

          OPINION

          MILLER J.

         Defendant and appellant Selina Michele Angel had two jury trials concerning three charges. At the first trial, the jury acquitted defendant of the third count of committing a lewd or lascivious act on John Doe 2 (JD2), a minor under 16 years old. (Pen. Code, § 288, subd. (c)(1).)[1] The first jury was unable to reach a verdict on the remaining two charges.

         At the second trial, the jury found defendant guilty of (1) committing a lewd or lascivious act upon John Doe 1 (JD1), a child under 14 years old (§ 288, subd. (a)(1)); and (2) committing a lewd or lascivious act on JD2, a minor under 16 years old (§ 288, subd. (c)(1)). The second jury found true the allegation that defendant engaged in substantial sexual conduct with JD1, who was under 14 years old. (§ 1203.066, subd. (a)(8).) The trial court sentenced defendant to prison for a term of six years eight months.

         Defendant contends her counsel rendered ineffective assistance at the second trial by failing to subpoena two witnesses who testified at the first trial. We affirm the judgment.

         FACTUAL AND PROCEDURAL HISTORY

         A. PROSECUTION'S CASE-SECOND TRIAL

         In March 2013 JD1 was 13 years old and JD2 was 15 years old. JD1 and JD2 (collectively, the boys) were friends that were “like brothers.” One day, in mid- to late-March 2013 the boys went to a mobile home park to visit a relative of JD1. While the boys were outside, defendant invited them to her trailer. The boys entered defendant's trailer.

         Defendant asked the boys, “[D]o you want me to perform oral on you?” JD2 replied, “[Y]es.” Defendant and the boys were in a bathroom together. Defendant orally copulated JD2, while JD1 was present. Defendant then “switche[d]” to orally copulating JD1, while JD2 was present. When defendant stopped orally copulating JD1, defendant and JD2 engaged in vaginal intercourse, in the bathroom, while JD1 was present. When the intercourse ended, the boys left the trailer.

         B. DEFENDANT'S CASE-SECOND TRIAL

         Defendant testified. In March 2013 defendant was 30 years old. Defendant denied having sexual contact with the boys. Defendant had resided at the trailer park, but moved out on February 18. Defendant was avoiding the trailer park in March 2013 because she separated from her husband, who resided in the park.

         In late 2012, defendant rejected a romantic advance by JD1's older brother, who was 18 years old. The older brother became hostile toward defendant. For example, defendant believed JD1's older brother stole her cell phone one week after the rejection.

         C. WITNESSES NOT CALLED-SECOND TRIAL

         The prosecution's witness list included eight people. Among those on the list were (1) Riverside City Police Officer Flores, and (2) Riverside City Police Officer Cleary (collectively, the officers). Defendant's witness list ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.