People v. Glenn CA5

INTRODUCTION

Appellant Kevin Duran Glenn was convicted by jury of four felony counts of annoying or molesting a minor child (Pen. Code, § 647.6, subd. (c)(2)). In addition, enhancement allegations were found true for two prior sex offense convictions (Pen. Code, §§ 288, subd. (c)(1), 289, subd. (a)) and a prior strike conviction (Pen. Code, § 667, subds. (b)-(i)). Appellant was sentenced to an aggregate term of 20 years in prison.1 Appellant argues that two prior convictions for sex offenses were improperly admitted as evidence of motivation and propensity in relation to the charged offenses of annoying or molesting a minor. As a result, he contends the instant conviction must be reversed because he was unduly prejudiced. We disagree and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

A.N. (Counts 1 and 2) On April 8, 2013,2 16-year-old A.N. was walking to a bus stop from Cambridge High School after school was released around 2:00 p.m. From the driver’s seat of a white vehicle, appellant3 twice told A.N. to “come here.” A.N. did not respond and continued walking. Appellant pulled into a parking lot approximately five feet away from her and repeated “come here.” Scared, A.N.…