People v. Harvey CA3

Filed 12/15/21 P. v. Harvey CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Lassen) ----

THE PEOPLE, C092108

Plaintiff and Respondent, (Super. Ct. No. CR037233)

v.

KEVIN LEE HARVEY,

Defendant and Appellant.

A jury found defendant Kevin Lee Harvey guilty of burglary based on his entry into an inhabited dwelling with the intent to commit the crime of child annoyance. The jury deadlocked on the substantive child annoyance charge, which the court dismissed at the prosecutor’s request. On appeal, defendant challenges the burglary conviction for insufficient evidence. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant, age 58, lived next to Jane Doe, age 13. During their five years as neighbors, defendant…