Delvalle

People v. Delvalle

Bad Law
1994 Cal. App. LEXIS 720·26 Cal. App. 4th 869·31 Cal. Rptr. 2d 725·94 Daily Journal DAR 9735·94 Cal. Daily Op. Serv. 5313
Court of Appeal of CaliforniaJuly 8, 1994B072276California3,455 words

Opinion

Opinion

Klein, J.

— Defendant and appellant Luis Alberto Molina Delvalle appeals the judgment (order granting probation) entered following his conviction of two counts of attempting to buy a person. (Pen. Code, § 181.)

Because the evidence supports the convictions and the conditions of probation are reasonably related to Delvalle’s offense, the judgment is affirmed.

Factual and Procedural Background

1. The People’s case-in-chief.

Viewed in accordance with the usual rule of appellate review (People v. Thomas (1992) 2 Cal.4th 489, 514 [ 7 Cal.Rptr.2d 199 , 828 P.2d 10 ]; People v. Johnson (1980) 26 Cal.3d 557,575-578 [ 162 Cal.Rptr. 431 , 606 P.2d 738 , 16 A.L.R.4th 1255 ]), the evidence established that Orozco lived in Lynwood. Her four-year-old daughter attended kindergarten a short distance from their home. Orozco walked the child to and from school each day. On July 14, 1992, at 11:30 a.m„ Orozco saw Delvalle outside the school in his car. Orozco had never seen Delvalle before. He called to Orozco and “asked [her] to give him the girl.” Orozco said, “ ‘No,’ ” and continued walking. Orozco recalled his exact words were: “ ‘Could you give me the girl?’ ” Delvalle then asked “[i]f…

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