People v. Smith CA2/1

BACKGROUND

In setting forth the evidence presented at trial, the verdicts, and the original sentence, we quote from our opinion in the prior appeal in this case: “I. Prosecution Evidence “On July 21, 2010, at about 8:00 a.m., 19-year-old A. M. arrived with her two- month-old baby at her mother-in-law’s business, a traffic school, and parked her car outside a closed gate in front of the school. The office had not yet opened and A. was there to meet a client of the school. When A. first arrived at the school, she noticed appellant [Smith] sweeping outside a business next door to the school. She recognized him as having swept outside the traffic school once in the past. “After the client left, A. walked to the gate, opened it so she could park inside, and was getting back into her car when appellant approached and asked if she needed help with the gate. As appellant talked, A. noticed he was looking ‘toward [her] breast’ and

1 Further statutory references are to the Penal Code. 2 People v. Smith (Feb. 27, 2013, B234315) [nonpub. opn.].

2 toward [her] vaginal area.’ A. told appellant that she did not need help and proceeded to drive through the open gate and parked her car in the…