P. v. Pena
Filed 7/11/06 P. v. Pena CA3
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. JERRY PENA, Defendant and Appellant. | C050197
(Super. Ct. No. 04F06665)
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Defendant Jerry Pena appeals from the judgment entered following a court trial in which he was convicted of kidnapping for rape (Pen. Code, § 209, subd. (b)(1)) and false imprisonment by force (Pen. Code, § 236).
On appeal we view the evidence in a light favorable to the judgment and presume the existence of every fact the trier of fact could reasonably deduce from the evidence. (In re Ryan N. (2001) 92 Cal.App.4th 1359, 1372). Here, the evidence established that on the night of May 13, 2004, defendant picked up S.J. (then 15 years old) near a McDonald's restaurant in Sacramento. S.J. told defendant it would cost him $80 to have sex with her; when defendant said, â€
