Ghipriel

People v. Ghipriel

Good Law
1 Cal. App. 5th 828·2016 Cal. App. LEXIS 603·205 Cal. Rptr. 3d 172
Court of Appeal of CaliforniaJuly 21, 2016D069936California2,651 words

Opinion

Opinion

Benke, J.

False imprisonment that involves no more in the way of force or menace than is needed to restrain the victim is a misdemeanor. Felony or aggravated false imprisonment requires proof of force greater than is needed to restrain the victim. Here, the evidence showed defendant Mouris M. Ghipriel, who weighs 240 pounds, kept one of his employees, who weighs approximately 100 pounds, in a very small office and sexually assaulted her. We reject Ghipriel’s contention this record does not support his three felony false imprisonment convictions. We also reject Ghipriel’s contention the trial court erred in admitting testimony from the victim with respect to his attempt to digitally penetrate her.

Accordingly, we affirm Ghipriel’s convictions.

FACTUAF AND PROCEDURAF BACKGROUND

A. Doe’s Employment at Ghipriel’s Restaurant

In March 2011, Jane Doe was 19 years old and had just graduated from high school. Doe was five feet tall and weighed 100 pounds. At that point in time, Doe began working for Ghipriel at a steak house he owned and operated in Hemet, California. Ghipriel was 54 years old, five feet eight inches tall, and weighed 240 pounds.

Doe began working as a dishwasher at…

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