P. v. Pompa

Filed 9/19/06 P. v. Pompa 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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)

----

THE PEOPLE,

Plaintiff and Respondent,

MANUEL SANCHEZ POMPA,

Defendant and Appellant.

C048938

(Sup.Ct. No. 04F02947)

A jury convicted defendant Manuel Sanchez Pompa of forcible sexual penetration with a foreign object (Pen. Code, § 289, subd. (a)(1))^[1] and corporal injury on a former cohabitant (§ 273.5, subd. (a)). He was sentenced to state prison for consecutive terms totaling four years. The abstract of judgment incorrectly shows four years four months and should be corrected.

On appeal, defendant contends (1) he was improperly denied the right to cross-examine the victim, (2) the court abused its discretion in allowing evidence of his prior uncharged assaultive conduct, (3) he is entitled to three additional days of presentence conduct credit, (4) the court erred in imposing a $20 court security fee, (5) imposition of consecutive terms violated the principles of Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403], and (6) Evidence Code section 1109 unconstitutionally lessens the prosecution's burden of proof. We reject defendant's claims and shall affirm the judgment.

FACTS

In August 2002, defendant and D. were romantically involved and moved into a home owned by D.'s parents. In May 2003, D. terminated the relationship and defendant moved out of the house. Defendant continued to come by the house about once a week, but he never stayed overnight.

Uncharged conduct

In June 2003, about a week or two after defendant had moved out of the house, D. and E.G., a coworker, stopped by her house for lunch. E.G. went into the bathroom and D. went into the dining room where she began going through her mail. Defendant walked into the house, said hello and asked whose car was in front. Before D. could answer, defendant obtained a knife from the kitchen and started yelling, â€

Description	A jury convicted defendant of forcible sexual penetration with a foreign object and corporal injury on a former cohabitant. Defendant was sentenced to state prison for consecutive terms totaling four years. The abstract of judgment incorrectly shows four years four months and should be corrected.
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.