People v. Gonzalez CA2/5

Filed 2/25/25 P. v. Gonzalez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B335869

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA516852) v.

OMAR GONZALEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Gustavo N. Sztraicher, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Micheal Keller and Blake Armstrong, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Omar Gonzalez (defendant) appeals from his conviction for one count of elder abuse. The evidence at trial established defendant forcefully shoved Claudia Fierro (Fierro), which caused her to fall on the sidewalk and sustain injuries. Fierro was 80 years old at the time, and we are asked to decide whether there was sufficient evidence at trial to permit the jury to find defendant knew or should have known Fierro was at least 65 years old—and thus an “elder” under Penal Code section 368.1

I. BACKGROUND Defendant attacked Fierro after encountering her on a sidewalk in May 2023. Defendant was subsequently charged with one count of elder abuse (count 2) and one count of attempted second degree robbery (count 3).2 The information alleged defendant had previously been convicted of two serious and/or violent felonies, and that he engaged in violent conduct in committing elder abuse. Defendant’s trial commenced in October 2023. As relevant for our purposes, Fierro and a bystander (who identified defendant as Fierro’s attacker) testified at trial. According to Fierro, she was at the intersection of Pico and Vermont Avenue in Los Angeles at around 1:30 p.m. on May 11,