P. v. J.I.A. 6/8/11 CA4/3

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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: G040625

Case Date: 09/15/2011

Preview:Filed 6/8/11

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. J.I.A., Defendant and Appellant. Appeal from a judgment of the Superior Court of Orange County, James A. Stotler, Judge. Affirmed as modified. Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Theodore M. Cropley, Deputy Attorneys General, for Plaintiff and Respondent. J.I.A. appeals from a judgment after a jury convicted him of two counts of sodomy by force, two counts of kidnapping to commit robbery, two counts of dissuading G040625 (Super. Ct. No. 04NF4197) OPINION

a witness by force, two counts of second degree robbery, kidnapping to commit a sexual offense, forcible oral copulation, and attempted second degree robbery, and found true numerous enhancements. He argues his sentence of 50 years to life plus two consecutive life terms constitutes cruel and unusual punishment under the federal and state Constitutions.1 As we explain below more fully, J.A. was 14 years old at the time of the offenses and 18 years old at the time of sentencing. His minimum period of actual confinement is 56 and one-half years, which with credits makes him eligible for parole when he is approximately 70 years old. Although J.A. committed violent sexual offenses against four separate victims who suffered great trauma, J.A.s punishment was unconstitutional based on his age at the time he committed the offenses. The judgment is affirmed as modified; as so modified, J.A. will be eligible for parole at age 56. FACTS Victim No. 1-A.R. In October 2004, 12-year-old A.R. was walking home from school when 14-year-old J.A., armed with a screwdriver, told A.R. to get on his bike. A.R. complied, and J.A. took him to a nearby building and led him to the roof. J.A. told A.R. to kneel, which he did, and J.A. pulled out his penis and told him to "suck it." A.R. refused, and J.A. told him to "drop [his] pants." A.R., fearing for his life, took off his pants. J.A. sodomized A.R. "for a long time[.]" After J.A. stopped, he searched A.R.s backpack and left. A.R. went home, told his mother what happened, and called the police. A sexual assault examination revealed small hemorrhages and redness in A.R.s anal area. His injuries were consistent with forcible anal penetration.

1

We invited the parties to file supplemental briefs on three recent cases: Graham v. Florida (2010) ___ U.S. ___, [130 S.Ct. 2011] (Graham), People v. Caballero (2011) 191 Cal.App.4th 1248 (Caballero), and People v. Mendez (2010) 188 Cal.App.4th 47 (Mendez).
2

Victim No. 2-P.J. About three weeks later, 13-year-old P.J. was walking to school when J.A. asked him for $1. P.J. replied he had only $1 and needed it for the bus. J.A. took out a knife and demanded $1, and P.J. complied. J.A. told P.J. to walk with him. J.A. asked P.J. if he had any more money, and P.J. took out his wallet and gave him $40. J.A. led P.J. to an apartment complex, but when they saw people, they left. J.A. led P.J. to a secluded area where he again pulled out the knife and threatened him. J.A. told P.J. that if he told anybody what happened, J.A. would kill him, and if J.A. was ",,locked up," J.A. knew people who would kill him. P.J. reported the incident to the police. Victim No. 3-R.V. The next month, 12-year-old R.V. was walking to school when J.A. asked him for the time. J.A. left and then came back and asked R.V. for $1. R.V. said he did not have any money, and J.A. pulled out a knife, held it against R.V.s back, and led him across the street to an apartment building, where J.A. took his compact disc player. J.A. led R.V. back across the street to another apartment building, where J.A. found an open door. J.A., armed with a knife, told R.V. to suck his penis or go outside naked. J.A. forced him to his knees and put his penis in R.V.s mouth. J.A. told him to take off his clothes, get on the bed on his side, and hold on to the bed frame. J.A. sodomized R.V. for five to 10 minutes. When he was done, J.A. got dressed and threatened to kill R.V. if he told anyone what happened. When R.V. got to school, he told the principal someone had pulled a knife on him. He later told the police the entire story. A sexual assault examination revealed bleeding, bruises, and redness in R.V.s anal area. His injuries were consistent with sexual assault.

Victim No. 4-A.M.

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Later the same day, 12-year-old A.M. was walking to school when J.A. asked him for $1. A.M. told him that he did not have any money. J.A. pulled out a knife and told A.M. to give him something or he was going to "shank" him. J.A. told A.M. to walk to the alley. A.M. dropped his backpack and ran to school. A.M. told the principal what happened. Later that day, Officer Joseph Faria found J.A. in an alley armed with a Swiss Army knife that had several blades and different instruments. J.A.s DNA was found in sperm recovered during A.R.s and R.V.s physical examinations. Trial Court Proceedings An amended information charged J.A. with the following: (1) John Doe No. 1/A.R.-sodomy by force (Pen. Code,

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