P. v. Sutton 4/12/07 CA4/2

State: California

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

Docket No: E038982A

Case Date: 06/20/2007

Preview:Filed 4/12/07 P. v. Sutton CA4/2 Opinion following rehearing

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. MARTEL ANTWONE SUTTON, Defendant and Appellant. E038982 (Super.Ct.No. FSB 037526) OPINION

APPEAL from the Superior Court of San Bernardino County. Arthur Harrison, Judge. Affirmed with directions. Stephen M. Lathrop, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Ronald A. Jakob and Jennifer A. Jadovitz, Deputy Attorneys General, for Plaintiff and Respondent.

1

Defendant Martel Antwone Sutton broke into Jane Doe's home (the victim) and hit her repeatedly with a frying pan when she discovered him in her home in the middle of the night. Defendant then robbed and raped the victim in her home. When done raping the victim, defendant noticed a shed in the victim's backyard, locked her in the shed, and drove off in the victim's car. Defendant appeals from judgment entered following jury convictions for first degree burglary (count 1; Pen. Code,

Download P. v. Sutton 4/12/07 CA4/2.pdf