P. v. Sesay
Filed 4/3/06 P. v. Sesay CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| THE PEOPLE, Plaintiff and Respondent, v. IDRISA M. SESAY, Defendant and Appellant. | B180656 (Los Angeles County Super. Ct. No. SA044883) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Lawrence J. Mira, Judge. Affirmed.
Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec and Susan Lee Frierson, Deputy Attorneys General, for Plaintiff and Respondent.
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Idrisa M. Sesay appeals from the judgment entered following his conviction for sexual battery by restraint (Pen. Code, § 243.4, subd. (a)),[1] contending there was insufficient evidence of restraint to support his conviction and evidence of a prior sex offense was improperly admitted. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Nickole S. lived at a facility for the mentally disabled in November 2001. As described by her mother, Nickole S., 26 years old at the time of the incident, is moderately disabled and has difficulty speaking, but is able to make herself understood through gestures and words. Sesay lived and worked at the facility.
Nickole S. testified at the court trial that one night she went to bed wearing two shirts and underpants.[2] She was awakened by Sesay when he entered the bedroom and grabbed her, ripping her top shirt. Sesay pulled her second shirt over her head and lay on top of her, pushing up her breasts. Nicole S. could not talk or breathe. Sesay then pulled down Nickole S.'s underpants, overcoming her efforts to keep them on, and touched her vaginal area. Nickole S. attempted to kick Sesay, but she was â€
