P. v .Williams

Filed 6/30/06 P. v .Williams CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. Michael R. Libutti, Judge. Affirmed.

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Meagan J. Beale, Supervising Deputy Attorney General, and Shari Lawson, Deputy Attorney General, for Plaintiff and Respondent.

1. Introduction

Defendant and appellant Marvin Williams, Jr. appeals his conviction of one count of residential burglary, one count of forcible rape, one count of sexual penetration by a foreign object, and one count of commercial burglary. He contends the prosecutor committed prejudicial misconduct in closing argument, and he argues that his sentence was improper. We affirm.

2. Factual and Procedural History

On January 20, 2002, Karen K., the victim, was living in an apartment complex in Fontana. She had been living there only a short time, having rented the apartment two weeks earlier on January 5, 2002. While she was in the manager's office on January 5, 2002, receiving her keys, the apartment manager introduced the victim to Marvin Williams, Sr., defendant's father, the maintenance man at the complex. Defendant's father pointed out defendant, his son, and said that defendant did maintenance on the weekends.

On the night of Sunday, January 20, 2002, the victim went to bed in her apartment at approximately 10:00 p.m. Her four-year-old daughter was sleeping in her bed with her in the upstairs bedroom. The victim had checked all the doors and locks and secured her apartment that night. The front door was locked. She had placed a bar in the track for the sliding glass door. With the bar in place, the sliding door could be opened only an inch. The screen door and the glass door were both closed when the victim went to bed. Sometime between 5:00 a.m. and 6:00 a.m. the next morning, the victim was awakened when a man put his hand over her mouth, and jerked her head back as she was sleeping on her stomach. He had his arm around her body, and his weight was on her back. The man whispered in her ear, â€