 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Rathsack6/3/2003
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
A jury convicted defendant Patrick Rathsack of committing a lewd act on a child under 14 years of age by the use of force or duress, assault, and burglary. Defendant argues substantial evidence does not support the jury's finding he was sane at the time he committed the crimes or demonstrate his lewd intent. Defendant also claims his sentence of 25 years to life is cruel and unusual. We shall affirm.
FACTUAL AND PROCEDURAL BACKGROUND
By amended information, the People charged defendant with two counts of lewd acts on a child under the age of 14 by use of force or duress (Pen. Code, § 288, subd. (b)(1)), one count of burglary (§§ 459/462, subd. (a)), and misdemeanor assault (§ 240), a lesser offense to the second lewd act charge. The information specifically charged the crime came within the definitions of the one strike law. (§ 667.61.) The trial was bifurcated into a guilt phase and a sanity phase.
I. Guilt Phase Evidence
Shannon M., the on-site manager for an apartment complex in Sacramento. Defendant and Richard L. lived in the same complex. Arthur S. and his children lived in the apartment just above defendant's.
At about 11:00 p.m. on May 12, 2000, Shannon M. conducted a walk- through inspection of the complex. After she returned to her apartment, she heard a noise outside like someone was kicking a door or a wall. She went out to investigate and saw a person climbing up the fence into the patio of Arthur S.'s upstairs apartment. Shannon M. shouted to the person, "what are you doing?" The person responded, "I have to save the little girl."
Shannon M. ran back into her apartment and called Richard L. for help. Richard L. showed up in about a minute and Shannon M. went upstairs to investigate. She banged on the door of Arthur S.'s apartment.
Almost immediately, defendant unlocked and opened the door. He was dressed in camouflage pants, cowboy boots, and a trench coat. Shannon M. said he "looked like a zombie. [ ] . . . [ ] Like he was set to do a mission." Richard L. also testified defendant looked "like he was not himself. It was like he was off in another world. Seemed like he was spaced out for a second like he was surprised he got caught up there."
Defendant acknowledged Shannon M. by name. He told Shannon M. he was there to save the little girl. Richard L. testified defendant said there was a little girl who was bound and gagged in a "shitty" diaper and had been that way for three days.
Shannon M. saw a six-year-old girl sitting on the couch wrapped in a blanket. She looked surprised or frightened -- like she had just been awakened. Defendant walked back to the girl. Shannon M. shouted for Arthur S. to wake up. Arthur S. came into the room in his boxers.
Shannon M. told defendant she was going to call the sheriff. Defendant responded by telling Shannon M. not to call the police and that this matter did not concern her. At that point, defendant lunged toward Shannon M.. Richard L. jumped to her rescue and subdued defendant until the police arrived. Defendant smelled like he had been drinking beer, but he was not staggering, and his speech was not slurred.
After Richard L. told defendant "It's me, buddy" a couple times, defendant calmed down. Richard L. testified defendant appeared "like he was confused on what -- not sure
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|