People v. Bodiford CA3

Filed 8/19/24 P. v. Bodiford CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C099966

Plaintiff and Respondent, (Super. Ct. No. 62-193225)

v.

ANTHONY EUGENE BODIFORD,

Defendant and Appellant.

Appointed counsel for defendant Anthony Eugene Bodiford filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. BACKGROUND On August 24, 2023, the People filed an information charging defendant with assault by means likely to cause great bodily injury (Pen. Code,1 § 245, subd. (a)(4); count one) with a personal infliction of great bodily injury enhancement (§ 12022.7, subd. (a)) and battery with serious bodily injury (§ 243, subd. (d); count two). The

1 Subsequent undesignated statutory references are to the Penal Code.

1

information further alleged several circumstances in aggravation for purposes of sentencing. On October 4, 2023, the trial court granted defendant’s request to represent himself. A week later, defendant filed a motion to have his public defender reinstated, but changed his mind and requested to continue representing himself. At trial, the People presented evidence establishing that Stephen S. had been playing horseshoes and drinking beer with his friends, Steve N. and Wayne L. at a park on July 22, 2023. They decided to stop around sunset and were getting ready to leave when defendant arrived wanting to play horseshoes. Defendant was unhappy they did not want to play, and name-calling between Stephen S. and defendant ensued. Steve N. calmed the situation down until Stephen S. started walking to his car. Defendant then yelled something (the record does not reflect what), and Stephen S. told him “ ‘F. off, weirdo’ ” and flipped him off. In response, defendant marched up with fists clenched and invited Stephen S. to “take it outside.” Stephen S. understood this as a challenge to fight and walked outside the gate to fight. Stephen S. took a swing at defendant’s upper body missing him completely. Defendant then grabbed Stephen S., overpowering him to the ground. Stephen S. turned on the way down, landing face forward and skinning his elbows. Defendant sat on Stephen S.’s back, pinning him to the ground and keeping Stephen S. from protecting his face. Defendant punched him five or six times with a closed fist in the face with “everything he’s got.” Stephen S. was helpless, felt his jaw break, and was starting to lose consciousness. Steve N. jumped on defendant, grabbing his arm to stop him from punching Stephen S. again. Defendant told Steve N. to get off or he would “fuck [him] up too.” After defendant stopped, he warned Stephen S. never to mess with him again. Defendant then shoved Stephen S.’s face in the ground as he got off him. Stephen S. sat next to his car spitting up blood before driving home. He had a compound fracture in his back and thought his jaw was dislocated. He went to the