People v. Hobbs CA1/2

BACKGROUND

The Charges and Trial On April 19, 2023, the San Francisco County District Attorney filed the operative first amended information, charging Hobbs with one count of felony false imprisonment (Pen. Code1, § 236) (count I), three counts of sexual battery (§ 243.4, subd. (e)(1)) (counts II, V, and IX), eight counts of simple battery (§ 242) (counts III, IV, VI, VII, VIII, X, XI, and XIII), and one count of assault (§ 240) (count XII). In addition, with respect to count I—the only felony count—the information alleged multiple circumstances in aggravation with respect to both the crime and the defendant under California Rules of Court, rule 4.421. Hobbs was tried by jury over some 10 court days between May 2 and May 15, 2023.2 And as it relates to the particular counts at issue on appeal3, some of the testimony at trial was as follows: Felony False Imprisonment of Madeleine E. (Count I) At approximately 2:00 p.m. on November 16, 2021, Madeleine E.4 was walking her dog along Webster Street near Broadway in San Francisco when she stopped to clean up after it. While she was tying up the bag, “[s]omeone

1 Further undesignated statutory references are to the Penal Code.

2 On…