California v. Rodriguez

Pedro Rodriguez met Rebecca on an online dating application when he was 41 and she was 16 years old. Rodriguez arranged an in-person meeting with Rebecca a few weeks later and, on numerous occasions over the next several months, engaged in various sexual acts with her in hotel rooms he had rented. A jury convicted Rodriguez of 11 offenses involving unlawful sexual conduct with a minor, one count of burglary and one count of attempting to dissuade a witness from reporting a crime. Rodriguez contended on appeal there was insufficient evidence to support the conviction for burglary because Penal Code section 459 required an invasion of a possessory interest in the subject room or building and, much like the lessee of an apartment, he had an unconditional possessory interest in the hotel room he rented. He argued the trial court should have either dismissed the charge or provided the jury with a pinpoint instruction regarding the significance of any such possessory interest. To the extent the Court of Appeal concluded there was a relevant distinction between a possessory interest in the hotel room and a homeowner or lessee's possessory interest in a home or apartment, Rodriguez argued the result would be a violation of his constitutional right to equal protection. In addition, Rodriguez contended there was insufficient evidence to support the conviction for attempting to dissuade a witness pursuant to Penal Code section 136.1 (b)(1) because any attempt he made to dissuade Rebecca occurred only after she made an initial report to the police. After review, the Court of Appeal concluded there was sufficient evidence to support both of Rodriguez' convictions, the jury did not err in refusing to dismiss the burglary charge or its instruction to the jury concerning burglary, and that the equal protection clause was not applicable because individuals renting hotel rooms are not similarly situated to those owning or leasing a residence. View "California v. Rodriguez" on Justia Law