Lema

People v. Lema

Good Law
188 Cal. App. 3d 1541·1987 Cal. App. LEXIS 1340·234 Cal. Rptr. 173
Court of Appeal of CaliforniaJanuary 30, 1987A027522California1,335 words

Opinion

Opinion

Low, J.

Defendant Joe Richard Lema was convicted by jury of assault with intent to commit rape (Pen. Code, § 220) and false imprisonment by violence. (Pen. Code, § 236.) The jury also found defendant used a firearm in the commission of these offenses. (Pen. Code, § 12022.5.) We affirm.

Mary B. met defendant in November 1982 and they began dating, but Mary B. terminated the relationship several times because of defendant’s propensity to become physically abusive when angered. After one of their reconciliations they resumed sexual relations. Mary B. testified that they “did not agree that I was going to be his constant girlfriend” and Mary B. renewed a relationship with Ray C., a former boyfriend. On August 1, 1983, Ray C. spent the night at Mary B.’s house. Unbeknownst to Mary B., defendant had watched her residence and observed them in bed together.

Defendant unexpectedly arrived at Mary B.’s residence at 11:30 the next morning and stated he wanted to speak with her alone. She reluctantly left with him in his car because she wanted to avoid a confrontation in front of her eight-year-old son. After driving around San Jose, defendant drove out of town while Mary B. repeatedly…

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