P.v. Mears CA2/6

Filed 10/14/24 P.v. Mears CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B333490 (Super. Ct. No. BA503765) Plaintiff and Respondent, (Los Angeles County)

v.

TIMOTHY ROBERT MEARS,

Defendant and Appellant.

Timothy Mears appeals the judgment after a jury convicted him of attempted murder (Pen. Code,1 §§ 664, 187; count 1), simple mayhem (§ 203; count 2), assault with a deadly weapon (§ 245, subd. (a)(1); count 3), and aggravated mayhem (§ 205; count 4). The jury also found true the allegations that he personally used a deadly weapon (§ 12022, subd. (b)(1)) for counts 1 and 2 and that he personally inflicted great bodily injury (§ 12022.7) as to counts 1 and 3. The trial court sentenced him to

1 Further unspecified statutory references are to the Penal Code.

life in prison with the possibility of parole (count 4 as the principal term and stayed counts 1-3 pursuant to § 654). Mears contends his conviction for aggravated mayhem should be reversed because there was no substantial evidence he intended to maim or disfigure the victim. He also contends, and the Attorney General concedes, the simple mayhem conviction (count 2) should be reversed because it is a lesser included offense of aggravated mayhem (count 4). We modify the judgment to reverse count 2 but otherwise affirm. FACTUAL AND PROCEDURAL HISTORY In March 2022, W.Y. was walking on a sidewalk in Los Angeles Chinatown in the afternoon when he encountered Mears. W.Y. and Mears had never met before. Mears and W.Y. made brief eye contact, and Mears was muttering something loudly. Mears put his hands on W.Y.’s shoulders to stop him from walking. When W.Y. tried to go around him, Mears hit W.Y. “a couple of times” on the head. W.Y. felt something piercing his skin on the back of his head and noticed he was bleeding “a lot” from the back and side of the head. W.Y. tried to restrain Mears by tackling him to the ground. When he tackled him, Mears dropped a knife he was holding. Mears bit W.Y. on his left arm twice while he was restrained. At some point while Mears was still restrained, he picked up the knife and continued to stab W.Y. A bystander saw Mears attacking W.Y. He described Mears throwing a “big haymaker punch”2 and then punching W.Y. approximately 10 times. He saw W.Y.’s face and neck were covered in blood and realized Mears was stabbing W.Y. He saw