California Court of Appeals, Fourth District, Second Division
from the Superior Court of Riverside County No. RIF1402688.
Michael B. Donner, Judge. Affirmed.
D. Smith, under appointment by the Court of Appeal, for
Defendant and Appellant.
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 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).) The first
jury was unable to reach a verdict on the remaining two
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.
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.
AND PROCEDURAL HISTORY
PROSECUTION'S CASE-SECOND TRIAL
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.
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.
DEFENDANT'S CASE-SECOND TRIAL
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
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
WITNESSES NOT CALLED-SECOND TRIAL
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