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P. v. Chamale

P. v. Chamale
06:14:2006

P. v. Chamale



Filed 5/3/06 P. v. Chamale CA2/3


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE












THE PEOPLE,


Plaintiff and Respondent,


v.


ORLANDO NERY CHAMALE,


Defendant and Appellant.



B182382


(Los Angeles County


Super. Ct. No. YA059063)



APPEAL from a judgment of the Superior Court of Los Angeles County,


Vincent H. Okamoto, Judge. Affirmed.


Lynda A. Romero, 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, Michael C. Keller and Jack Newman, Deputy Attorneys General, for Plaintiff and Respondent.


_________________________




Defendant and appellant Orlando N. Chamale appeals from the judgment entered following a jury trial that resulted in his conviction for aggravated sexual assault on a child (forcible sodomy). Chamale was sentenced to a prison term of 15 years to life. Chamale's sole contention on appeal is that the evidence was insufficient to support the verdict. We affirm.


FACTUAL AND PROCEDURAL BACKGROUND


1. Facts.


Viewed in accordance with the usual rules governing appellate review (People v. Rodriguez (1999) 20 Cal.4th 1, 11; People v. Johnston (2003) 113 Cal.App.4th 1299, 1303-1304), the evidence established the following. The three-and-one-half year old victim, B., lived with his parents, Mr. and Ms. N., and a sibling, in an Inglewood home. Appellant Chamale rented a room in the home.


On July 19, 2004, Chamale took B. to a nearby store with Ms. N.'s consent, and purchased candy for him. When they returned, Ms. N. was occupied with obtaining an estimate from a carpet cleaner. Chamale took B. into his bedroom. Shortly thereafter, Ms. N. heard B. scream and begin to cry loudly, as if in pain. Chamale emerged from the bedroom, carrying B. He stated that B. had fallen and hurt his feet while jumping on the bed. When Ms. N. examined B., she discovered his underwear rolled down towards the middle of his buttocks. There was blood on his underwear. She asked Chamale what had happened, and he again stated B. had fallen down. Ms. N. told Chamale she was calling the police.


Chamale collected his backpack and stated that he was leaving. When Ms. N. blocked the front door, Chamale fled the house from a window. He was subsequently located a few blocks away by police.


B. told Ms. N. that Chamale had â€





Description A decision regarding aggravated sexual assault on a child (forcible sodomy).
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