P. v. Gonzales

Filed 5/11/06 P. v. Gonzales CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

A jury convicted defendant Joe Gonzales of assault with intent to commit rape, false imprisonment by force, indecent exposure, and resisting arrest. The trial court then found true allegations that defendant had suffered two prior serious-felony convictions (attempted rape; residential burglary) for purposes of five-year sentence enhancements and the Three Strikes law. On appeal, defendant contends that (1) the trial court abused its discretion by admitting evidence of his prior sex offense during the jury trial, (2) the trial court transgressed his constitutional right to confrontation under Crawford v. Washington (2004) 541 U.S. 36 (Crawford), by allowing the prosecutor to prove the prior sex offense via documentary evidence, and (3) the evidence used to prove the residential nature of his prior burglary conviction was insufficient. We disagree and affirm the judgment.

background

Defendant worked as a warehouse cleaner for a cardboard box manufacturer. The manufacturer had hired a records management firm to inventory its records, and the firm had sent the victim to the manufacturer's warehouse to place bar codes on the records. As the victim worked, defendant approached her with his tongue hanging out while fondling his erect penis exposed through his zipper. The victim stood up and told defendant to â€