P. v. Stewart CA2/26

Filed 7/30/13 P. v. Stewart CA2/26 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B242578 (Super. Ct. No. TA122188-01) Plaintiff and Respondent, (Los Angeles County)

v.

DESHAWN ANTHONY STEWART,

Defendant and Appellant.

Deshawn Anthony Stewart appeals a judgment following conviction of dissuading a witness from reporting a crime, and misdemeanor battery, with a finding that he served a prior prison term. (Pen. Code, §§ 136.1, subd. (b)(1), 243, subd. (e)(1), 667.5, subd. (b).)1 We affirm. FACTS AND PROCEDURAL HISTORY In 2011, Stewart and Erica Coleman were in a dating relationship. Stewart frequently abused alcohol and on "too many [occasions] to remember," slapped and struck Coleman. Nevertheless, Coleman continued to date Stewart. In the morning of October 2, 2011, Stewart and Coleman spent the day together at a car club event. Stewart consumed alcohol that day and was "staggering" and "slurring" his speech.

1 All further statutory references are to the Penal Code unless otherwise stated.

That evening, Stewart and Coleman were visiting friends at a motorcycle club. Coleman sat in the driver's seat of Stewart's vehicle. Stewart became angry when he thought a man was speaking to Coleman. After an exchange of words with the man, Stewart obtained a gun from the trunk of his vehicle. He cocked the gun, placed it against Coleman's ear, and threatened to shoot her. Coleman calmed Stewart and suggested that they return home. Stewart agreed, but first cleaned the gun and returned it to the trunk. Coleman drove to a fast-food restaurant and then to the apartment that Stewart shared with his mother. They ate in Stewart's bedroom and had a brief conversation. Stewart then rose from the bed, inspected Coleman's purse, and claimed a condom was missing. He struck Coleman as she "balled up on the bed," causing a "black eye." Stewart's mother, Darcella Ellis, knocked on the bedroom door and complained about the noise. Stewart responded that she should "stay out of his business." Stewart then straddled Coleman and accused her of infidelity. Ellis returned to Stewart's bedroom and asked why Stewart was arguing with Coleman. Stewart ran from the bedroom with Coleman's purse, which contained her cellular telephone, identification, and money. Coleman followed Stewart outside, grabbed his arm, and demanded her purse. Stewart pushed her to the ground and left in his vehicle. Shortly thereafter, Stewart returned to the apartment and demanded that Coleman leave with him. When she refused, Stewart attempted to pull her from the apartment. Ellis shouted at Stewart to stop and stated that she intended to telephone for police assistance. Stewart then threatened "to kill her dog for getting in his business." Ellis went outside and called the police emergency dispatcher. In a recorded telephone call, Ellis stated that her son had been drinking and hit his girlfriend in the eye. She added that she was standing outside barefoot in her bathrobe, and that Stewart had taken her cellular telephone: "I had my cell phone in my hand and he smacked my cell phone out of my hand." Ellis also stated that she was concerned that