People v. Jimenez CA5

INTRODUCTION

Appellant Juan Vasquez Jimenez1 was found guilty of second degree robbery, assault by means of force likely to produce great bodily injury, and assault with intent to commit rape. The victim of all three offenses was Briana G. (Briana). Jimenez contends (1) the prosecutor committed misconduct in closing argument; (2) Penal Code section 6542 bars imposition of concurrent terms for the two assault convictions; and (3) the abstract of judgment contains a clerical error. We direct that the clerical error in the abstract of judgment be corrected, and in all other respects we affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

On the evening of August 9, 2012, Henry Fujikawa drove his friend Briana to the Ambassador Inn. Briana asked Fujikawa to wait for her, so he remained in the area. Sometime after midnight, Briana was attempting to obtain money in exchange for sexual acts and was walking through the parking lot of a nearby McDonald’s restaurant when Jimenez whistled and called her over. Jimenez was wearing blue jeans, blue Vans shoes, a gray tank top, and had a gray shirt draped over his shoulders; he spoke with a heavy Spanish accent. Briana described Jimenez as a…