People v. Rodriguez
People v. Rodriguez
Opinion of the Court
*1103Pedro 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 in violation of Penal Code section 459,
Rodriguez contends there was insufficient evidence to support the conviction for burglary because section 459 requires 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 asserts the trial court should have either dismissed the charge or provided the jury with a pinpoint instruction regarding the significance *306of any such possessory interest. To the extent this court concludes there is a relevant distinction between his possessory interest in the hotel room and a homeowner or lessee's possessory interest in a home or apartment, Rodriguez argues the result would be a violation of his constitutional right to equal protection. In addition, Rodriguez contends there was insufficient evidence to support the conviction for attempting to dissuade a witness pursuant to section 136.1, subdivision (b)(1) because any attempt he made to dissuade Rebecca occurred only after she made an initial report to the police.
We conclude there was sufficient evidence to support both convictions, that the court did not err in its refusal to dismiss the burglary charge or its *1104instruction to the jury concerning burglary, and that the equal protection clause is not applicable because individuals renting hotel rooms are not similarly situated to those owning or leasing a residence. We therefore affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Rebecca went on a trip to San Francisco with a school group in January 2014 when she was 16 years old. While on the trip, she logged into a social media dating application on her phone that allowed her to create a profile and locate other individuals in the same geographic area. Using the application, Rebecca made contact with an individual identifying himself as "Max Powers." "Max" initially told Rebecca he was 16, but she eventually learned his real name was Pedro Rodriguez and that he was actually 41 years old.
Rebecca and Rodriguez continued talking on various messaging applications and exchanged telephone numbers within a couple of weeks. By mid-February, Rebecca had sent Rodriguez nude photographs of herself at his request. Around that time, they also started discussing meeting in person, but Rebecca told Rodriguez that she did not want to have sex until marriage and that she did not believe in using birth control, due to her religious beliefs.
On February 22, 2014, Rodriguez drove from San Francisco to San Diego County to see Rebecca. Rodriguez rented a hotel room and then drove to Rebecca's neighborhood. He parked his car in a cul-de-sac behind Rebecca's house and she snuck out through the backyard to ensure her parents would not see them. They drove around running errands together for a while, and then drove to the hotel Rodriguez was staying at so he could get a different shirt from his room. Rodriguez asked Rebecca to come up to the room but she said she did not feel comfortable and waited for him in the car. When Rodriguez returned, he continued to pressure her to go up to the hotel room, saying that he did not think she trusted him, and Rebecca eventually agreed. As soon as they entered the room Rodriguez grabbed her and kissed her. He then removed her clothes and engaged in various sex acts with her.
Rodriguez drove back to San Diego County on March 8, 2014, and rented a room at the same hotel. He took Rebecca out to breakfast, then back to the hotel, where he took her clothes off, orally copulated her, and engaged in intercourse with her. Rebecca took several photographs during the encounter, including one of Rodriguez orally copulating her and one of the two of them lying in bed together without any clothes.
Over the course of the next several months, Rodriguez met Rebecca and engaged in various sex acts with her on several other occasions. At their last *1105meeting, in May 2014, Rodriguez was upset that Rebecca had been talking and sending pictures *307to another individual-a boy closer to her own age-and told her if she did not stop, he would tell her mother everything they had been doing and would send her mother illicit pictures and videos that Rebecca had sent to him. They continued to argue throughout the following week. Rebecca felt Rodriguez was blackmailing her with his threats so she decided to tell her mother what had happened with Rodriguez herself. She gave her mother a phone that Rodriguez had given her so they could communicate without anyone knowing and told her what had been happening.
Shortly thereafter, Rebecca's mother took her to the police station to make a report. The next day, after discovering Rebecca had talked to the police, Rodriguez sent Rebecca an e-mail asking her to sign a statement that said she was forced to give an inaccurate statement to the police after being told she was a party to a crime, and that she only knew Rodriguez from an online dating application. Rebecca did not sign the statement and, instead, spoke with a detective from the police department several more times and went with the detective to identify each of the hotel rooms she had visited with Rodriguez. However, she also remained in contact with Rodriguez, both directly and through an intermediary, and he continued to threaten her and pressure her to change her story.
The police arrested Rodriguez in June. While in jail, he had his brother send another phone to Rebecca so he could communicate with her. He also moved to represent himself at the preliminary hearing and rehearsed the questions he planned to ask Rebecca over the phone with her. By the time of the preliminary hearing in August, Rodriguez had convinced Rebecca to change her testimony to say that she never had a sexual relationship with him. However, the court did not find her testimony credible and allowed the case to continue.
After the preliminary hearing, Rodriguez moved to set aside the burglary charge pursuant to section 995. He argued he could not be guilty of burglary in violation of section 459 because, in accordance with People v. Gauze (1975)
In late 2014, the police discovered Rodriguez and Rebecca were still in contact and, in January 2015, they seized three phones from Rebecca's home, including two that Rodriguez had sent to her. Rebecca had no further contact with Rodriguez after that and, several months later, she testified at trial *1106consistent with her original report to the police; specifically, she stated that Rodriguez did engage in sexual acts with her on several occasions in various hotel rooms he had rented, including on March 8, 2014. Rodriguez also testified and admitted he had a relationship with Rebecca but claimed it was never sexual.
At the conclusion of the case, Rodriguez asked the court to dismiss all of the charges pursuant to section 1118.1, which the People opposed. The court granted the motion as to count 5 (sodomy of a person under the age of 18 in violation of § 286, subd. (b)(1) ) after finding Rebecca's testimony was incomplete as to that particular charge, but denied it as to all other charges.
The jury found Rodriguez guilty on all remaining charged offenses, including one count of burglary in violation of section 459, and one count of attempting to dissuade a witness from reporting a crime in violation of section 136.1, subdivision (b)(1).
*308Rodriguez filed a motion for a new trial, which the trial court denied.
Rodriguez appeals.
DISCUSSION
I. Burglary Conviction
Rodriguez contends he could not have committed burglary by entering the hotel room because he had an unconditional possessory interest in the room during the rental period. He therefore asserts there was insufficient evidence to support the burglary conviction, and that the trial court should have granted either his section 995 motion to set aside the information prior to trial or his section 1118.1 motion to dismiss the burglary charge after the trial. In the alternative, he argues the court should have provided a pinpoint instruction to the jury regarding the significance of a possessory interest with respect to the burglary charge, and that the conviction must be reversed as a result. In addition, Rodriguez asserts any determination that he did not have an unconditional possessory interest in the hotel room would violate his constitutional right to equal protection by treating him differently than a homeowner or lessee. In response, the People argue Rodriguez waived his argument with respect to at least the section 995 motion, and that the trial court did not err in any event by denying the motions or instructing the jury as to the burglary charge.
A. Court's Refusal to Dismiss the Burglary Charge
Rodriguez combines his arguments that there was insufficient evidence to support the burglary conviction and that the court erred in failing to dismiss *1107the charge based on either his section 995 or section 1181.1 motion in his briefing on appeal, and we consider the arguments collectively as well.
1. Waiver
We turn first to the People's assertion Rodriguez waived his argument that the trial court erred by denying his section 995 motion to dismiss the burglary charge. The People assert section 999a required Rodriguez to seek a writ of prohibition within 15 days of the trial court denying his section 995 motion, and that his failure to do so precludes him from raising the argument on appeal.
The People rely on People v. Alcala (1984)
2. Merits
Turning to the merits, a person commits burglary in violation of *309section 459 when he or she enters a house, room, apartment, or other type of structure enumerated in section 459 with the intent to commit a felony. ( § 459.) Here, the evidence presented at trial established Rodriguez rented a hotel room on March 8, 2014, and entered the room with the intent to commit felonious acts-specifically, the underlying felony charges on which he was convicted. While Rodriguez argues there is insufficient evidence to support the verdict, he does not dispute the evidence concerning the hotel room or the verdicts on the underlying felonies. Instead, his sole contention is that he could not have committed burglary pursuant to section 459 because he had an unconditional possessory interest in the room. This is primarily a legal *1108question that we review de novo.
In Gauze, supra ,
The question the court addressed in Gauze was whether an individual could commit burglary in his or her own home. ( Gauze, supra , 15 Cal.3d at p. 711,
However, in a subsequent case, the court differentiated between the unconditional possessory interest at issue in Gauze and consent, explaining, "one may be convicted of burglary even if he enters [a room or building] with consent, provided he does not have an unconditional possessory right to enter." ( People v. Pendleton (1979)
Here, Rodriguez claims he had an unconditional possessory interest in the hotel room he rented akin to that of a homeowner or lessee of a residence, but the law does not support his assertion. Instead, California law has long recognized a distinction between the possessory rights a tenant has in a home or apartment versus those a temporary lodger has in a rented room in a hotel, motel, or similar establishment; while a tenant has exclusive legal possession of the premises, a lodger only has a right to use the premises, subject to the renter's control and right of access. (See Stowe v. Fritzie Hotels, Inc. (1955)
*1110Bullock v. City and County of San Francisco (1990)
Rodriguez argues he had an unconditional right to possession during the rental period because he alone had the legal right to come and go from the hotel room. We disagree. Presumably the hotel maintained access to the room as well-for such purposes as housekeeping and maintenance-and the hotel had the right to eject him from the room should he engage in illegal activity therein. (See Minervini, supra , 20 Cal.App.3d at p. 840,
Rodriguez also points the court to a number of cases regarding a hotel guest's expectation of privacy, but those cases are not instructive. The right to privacy at issue in those cases derives from the right to be free of unlawful searches and seizures set forth in the Fourth Amendment to the United States Constitution, and Rodriguez provides no authority indicating that right is dependent on a possessory interest, let alone an unconditional possessory interest. (See Rakas v. Illinois (1978)
Based on the foregoing, we conclude Rodriguez did not have an unconditional possessory right to his hotel room and, thus, substantial evidence supports the *312burglary conviction. Accordingly, we conclude the trial court did not err in refusing to grant Rodriguez's motions to dismiss the charge pursuant to sections 995 or 1181.1.
B. Jury Instruction
Alternatively, Rodriguez contends the trial court should have given a pinpoint instruction to the jury regarding the significance of an unconditional possessory interest to the elements of section 459.
The People contend Rodriguez forfeited this argument as well and he concedes he did not request a pinpoint instruction, but argues the trial court had a sua sponte duty to provide the instruction because it concerned a general principle of law relevant to the issues raised by the evidence. (See People v. Martinez (2010)
*1112Here, the court instructed the jury as to the elements of burglary using the standard instruction.
Regardless, as we have concluded ante , in section I.A., Rodriguez did not have an unconditional possessory right to the hotel room and the prosecution presented substantial evidence to support each element of the burglary charge. Therefore, we conclude the trial court did not err by failing to provide a pinpoint jury instruction on possessory interest and, even if the court had erred, any such error was harmless.
*313( Anderson, supra , 51 Cal.4th at pp. 996-997,
C. Equal Protection
Finally, Rodriguez asserts any distinction this court has drawn between the possessory interest he had in the hotel room he rented and the possessory interest a homeowner or lessee has in a home or apartment violates his constitutional right to equal protection. We disagree.
To prevail on an equal protection claim, the defendant must show that the state has adopted a classification that affects two or more similarly situated groups unequally. ( Cooley v. Superior Court (2002)
*1113Regardless, even if individuals renting hotel rooms and homeowners or lessees were similarly situated, individuals renting hotel rooms are not members of a protected class. Therefore, Rodriguez would need to show the allegedly disparate treatment of hotel room renters bears no rational relationship to a legitimate stated purpose. (See People v. Hofsheier (2006)
II. Dissuading a Witness
Rodriguez also contends there was insufficient evidence to support his conviction on the charge of attempting to dissuade a witness from reporting a crime in violation of section 136.1, subdivision (b)(1). He argues that the only evidence the prosecutor presented related to actions he took after Rebecca made her initial report to the police, that the statute requires an attempt to prevent the initial reporting of a crime, and that we must therefore reverse the conviction. We review assertions the evidence was insufficient to support the conviction for substantial evidence, and review any related issues of statutory interpretation de novo. ( Casares, supra , 62 Cal.4th at p. 823,
Section 136.1, subdivision (b)(1) makes it a crime to dissuade the victim of a crime, or a witness, from "[m]aking any report of that victimization to any peace officer or state or local law enforcement officer or probation or parole or correctional officer or prosecuting agency or to any judge." (§ 136.1, subd. (b)(1).) Thus, a plain reading of the statute includes any report of a crime to a law enforcement officer, including both the initial report and additional information about the offense provided thereafter. (See *314People v. Fernandez (2003)
Here, the prosecution presented evidence Rodriguez attempted to dissuade Rebecca immediately after he found out she made an initial report to the police. Specifically, the day after Rebecca went to the police, Rodriguez asked her to sign a statement indicating she was pressured to make an *1114inaccurate report to the police and that she only knew him through a dating application. Rebecca did not sign the statement and, instead, continued talking with the police, providing additional information and identifying the specific locations where the crimes occurred. During this time, Rodriguez continued to pressure and threaten Rebecca, causing her to feel "overwhelmed and stressed out and scared." Although the evidence showed Rodriguez continued to pressure Rebecca up until the preliminary hearing-perhaps to explain why she testified inconsistently at that hearing-the prosecution relied primarily on the e-mail and early threats as a basis for the charge of attempting to dissuade a witness. The evidence related to those early attempts to dissuade Rebecca from continuing to provide information regarding the crimes to the police is sufficient to support the conviction pursuant to section 136.1, subdivision (b)(1).
Rodriguez contends this case is akin to Fernandez , in which the court concluded the defendant did not violate section 136.1, subdivision (b)(1) by attempting to dissuade a witness from testifying, but it is not. (See Fernandez, supra , 106 Cal.App.4th at p. 945,
Rodriguez also asserts his actions are distinguishable from those of the defendant in People v. Navarro (2013)
We therefore conclude substantial evidence supports the conviction of attempting to dissuade a witness in violation of section 136.1, subdivision (b)(1).
DISPOSITION
The judgment is affirmed.
WE CONCUR:
McCONNELL, P. J.
HUFFMAN, J.
All further unspecified statutory references are to the Penal Code.
We review assertions the evidence was insufficient for substantial evidence. (People v. Casares (2016)
The court instructed the jury, in part: "[t]he defendant is charged in Count 3 with burglary in violation of ... section 459. To prove the defendant is guilty of this crime, the People must prove that: The defendant entered a building/room; and, when he entered a building-within the building or room, he entered and intended to commit unlawful sexual intercourse with a minor more than three years younger or oral copulation with a person under 18."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.