The People v. Fitzpatrick CA2/6

Filed 9/16/13 P. v. Fitzpatrick CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B241836 (Super. Ct. No. BA356774) Plaintiff and Respondent, (Los Angeles County)

v.

MARK K. FITZPATRICK,

Defendant and Appellant.

Mark Fitzpatrick appeals from the judgment following his conviction by jury of sexual penetration under threat by public official (Pen. Code, § 289, subd. (g));1 sexual battery by restraint (§ 243.4, subd. (a)); sexual penetration by foreign object (§ 289, subd. (a)(1)); and 3 counts of felony false imprisonment (§ 236). The trial court sentenced him to serve 9 years 4 months in state prison. Appellant contends: (1) the court abused its discretion…