People v. Daniels

THE PEOPLE, Plaintiff and Respondent, v. DIONTE CLEVELAND DANIELS, Defendant and Appellant.

B294435

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

October 19, 2020

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. LA085943)

APPEAL from an order of the Superior Court of Los Angeles County, Gregory A. Dohi, Judge. Affirmed and remanded with directions.

Emry J. Allen, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Acting Assistant Attorney General, Zee Rodriguez and Corey J. Robins, Deputy Attorneys General, for Plaintiff and Respondent.

____________________ Dionte Cleveland Daniels appeals from a judgment entered after the jury convicted him of three counts of forcible oral copulation, two counts of false imprisonment, first degree burglary, and dissuading a witness by force or threat arising from two incidents that took place in a tent in a homeless encampment. The jury found true Daniels personally used a deadly or dangerous weapon (a knife) in the commission of two of the counts of oral copulation, the first degree burglary, and the false imprisonment.

On appeal, Daniels contends his federal and state constitutional rights were violated because he was improperly restrained in front of the jury and removed from the courtroom during a portion of the voir dire. Further, Daniels argues the trial court abused its discretion in admitting testimony that suggested he was a gang member and testimony about his use of the knife recovered in this case in a prior incident. Daniels also contends the trial court erred in admitting one of the victim's statements to a police officer as a spontaneous statement. Daniels also maintains he was interrogated by the police in violation of his Miranda¹ rights. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Information

The information charged Daniels with three counts of forcible oral copulation (Pen. Code,² former § 288a, subd. (c)(2)(A); counts 1, 2 & 4), first degree residential burglary (§ 459; count 3), dissuading a witness by force or threat (§ 136.1, subd. (c)(1); count 5), and two counts of false imprisonment by violence (§ 236; counts 6 & 7). As to counts 2 and 4 for forcible oral copulation, the information specially alleged Daniels used a deadly or dangerous weapon (a knife) (§§ 667.61, subds. (b) & (e)(3), 12022.3, subd. (a)); Daniels committed the offenses against more than one victim (§ 667.61, subds. (b) & (e)); and the offenses occurred during the course of a residential first degree burglary (§ 667.61, subds. (a) & (d)). As to counts 3, 6, and 7, the information specially alleged Daniels personally used a deadly or dangerous weapon (a knife) (§ 12022, subd. (b)(1)). Further, as to counts 1 through 5, the information specially alleged Daniels suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1). As to all counts, the information specially alleged Daniels suffered a prior conviction of a violent or serious felony under the three strikes law (§§ 667, subds. (b)-(j), 1170.12).

Daniels pleaded not guilty and denied the special allegations.

B. The Evidence at Trial

In 2016 Fidel "Cindy" S. lived in a tent in a small homeless encampment by a freeway. Around five other people, including Joel Valle and his girlfriend Angela, lived in the encampment. Cindy was close friends with Jose "Selina" P., whom Cindy had known for approximately eight years.³ Selina would visit Cindy at the encampment about once a week.

In 2017 Daniels, who was known as "Tay Tay," came to the encampment. He told Cindy he had no family and did not have a place to stay. Cindy offered Daniels use of her tent until he could get his own tent. Cindy told Daniels he could stay in her tent when she went to recycle (to earn a living) at nighttime. But he could not stay in her tent when she was inside, and he had to obtain her permission before he could enter.

Daniels initially got along with everyone in the encampment. But Daniels became "mean" and began "bullying" when Valle's brother got upset with Daniels for riding his bicycle without permission. A month and a half after joining the encampment, Daniels fought with Valle and Angela. Valle saw Daniels grab Angela by the throat. Cindy witnessed Daniels hitting Angela and telling her to "shut up" as he grabbed her by the hair and neck and "threw her very close to the freeway." Daniels told Cindy, "You're not going to call the police. Because the police is not going to do anything to me." Someone else calledthe police, and Daniels was arrested but later released. Cindy felt afraid when Daniels was released because of his repeated comments about being arrested but released. Valle moved to another campsite north of the encampment to get away from Daniels.

At some point, Daniels made a comment to Cindy about Selina's and Cindy's testimony in a prior trial about individuals who robbed them in a hotel in 2013. Cindy testified in this trial Daniels had stated "we were rats and because of us, it was our fault that his homies were in prison."⁴ Daniels's statement made her "very scared."

1. The April 30, 2017 incident (counts 1 & 5)

Approximately 20 days after Daniels started living at the encampment, he proposed Cindy leave her partner Miguel and live with him. Daniels made advances to Cindy many times. Cindy told Daniels she only thought of him as a family member. Daniels responded "that if [she] refused him, he would do something to Miguel."

On the morning of April 30, 2017 Cindy was inside her tent when Daniels came in. Cindy asked him, "Why didn't you call me? Why didn't you tell me?" Daniels responded, "I'm tired of you refusing. I need you to suck my dick." Cindy replied, "Tay Tay, please understand, I can't do that with you, because I love my partner very much." Daniels asked, "Oh, so you're not going to do it?" Then he grabbed Cindy by her hair with both fists andstated, "I already told you. You already know if you don't do this, you know what I'm going to do to Miguel." Daniels pulled his pants down, moved Cindy's head toward his groin, and put his penis in and out of her mouth for about 10 minutes.

After Daniels ejaculated on Cindy's shirt, he told Cindy "to not tell anybody" or call the police. Daniels stated if Cindy "called the police and he ended up in jail, his brother would come and do something to [her]." Cindy told Selina about the incident the next day. But she did not tell Selina, who had a cell phone, to call the police. Cindy did not contact the police "[b]ecause [she] was very scared that [Daniels] was going to do something to [her] or Miguel."

2. The May 2, 2017 incident (counts 2-4, 6 & 7)

On the night of May 1, 2017 Selina decided to stay in the tent with Cindy after Cindy told her she "was very scared" of Daniels. The next morning at approximately 5:30 or 6:00, Daniels came inside the tent with a foot-long knife in his hand and woke up Cindy by pulling her by the hair. Daniels angrily said, "Hey, you fucking bitch" and "Were you already talking with Chaparro?" Cindy responded, "Yes. What's wrong with that?" Daniels asked, "Well, why do you not want to be with me and you have relations with other people?" Cindy replied, "I didn't have relations. I'm just talking to him. I have no reason to explain that to you. And you are not somebody that I need to give explanations to." When Daniels asked Cindy why she did not want to live with him, Cindy responded she only saw him as a brother. Daniels then demanded, "You've got to suck my dick." Cindy was "very frightened because he had a knife" in his righthand pointed "very close" to her while clenching her hair with his left hand.

Daniels hit Cindy in the right ribcage with a closed fist, slapped her two or three times on her cheek, and squeezed her neck with his left hand. Selina woke up and told Daniels to leave Cindy alone and not to hit her. Daniels slapped Selina on the right side of her face and told her to "shut up." Selina tried to leave the tent, but Cindy told her, "No, don't run. He's either going to hurt you with the knife or me." Daniels told Selina not to move, and then said, "Both of you are going to have to suck my dick." Selina stated, "I don't like that." Daniels responded, "If you don't suck my dick, you know what's going to happen with Cindy." Cindy said, "S[e]lina, please, sweetie. Please." Selina replied, "Okay, Cindy, but no crying."

Cindy testified Daniels pulled his pants down to his knees and dropped the knife. He pushed Cindy's head into his groin area and forced her to perform oral sex on him. Then Daniels pulled down Selina's pants to have anal sex with her, but she told him she was HIV positive, and neither she nor Cindy had a condom. Daniels then forced Selina to perform oral sex on him by pointing a knife at her neck, then pointing the knife toward Cindy. He told Selina, "Do you want to suck my dick, or I'll kill you[?]" Daniels grabbed Selina by the back of her neck and forced her head down to perform oral sex on him. Cindy said in Spanish, "S[e]lina, make him come on your clothing, or your body so that there will be evidence so we can call the police." Daniels asked, "What are you telling her?" Cindy responded, "Nothing, that I don't feel well."

After Daniels ejaculated on Selina's shirt, he made Cindy and Selina lie down and said he wanted to live with them. Daniels lay down between Cindy and Selina with the knife within his reach under the blanket. An hour later about 9:00 a.m., Cindy and Selina both asked to leave, but Daniels only...