The People v. Madison CA3

Filed 8/27/13 P. v. Madison CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C071371

Plaintiff and Respondent, (Super. Ct. No. CRF120020)

v.

JAHMAL ERIC MADISON,

Defendant and Appellant.

Defendant Jahmal Eric Madison tangled with Carlitha Gordon outside a motel. Other people attempted to intervene. An information charged defendant with one count of assault by means of force likely to produce great bodily injury and three counts of misdemeanor battery. (Pen. Code, §§ 245, subd. (a)(1), 242.)1 A jury found defendant guilty on all counts. Sentenced to 11 years in state prison, defendant appeals, contending the court erred in instructing the jury, sentencing error, and ineffective assistance of counsel. We shall stay defendant’s sentence on count 3; in all other respects we shall affirm the judgment.

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

1

FACTUAL AND PROCEDURAL BACKGROUND Officers responded to a 911 call from a motel employee, Fred Gurr, who saw defendant in an altercation with Gordon. After interviewing Gordon, officers arrested defendant. An information charged defendant with one count of felony assault by means of force likely to produce great bodily injury and three counts of misdemeanor battery. The information also alleged defendant had been convicted of a prior serious or violent felony and had served three prior prison terms. (§§ 667, subds. (c) & (e)(1), 667.5, subd. (b).) Defendant entered a plea of not guilty. A jury trial followed. The following evidence was introduced at trial. In the waning days of 2011 Gurr was an employee at Silvey’s Motel. Silvey’s Motel is a one-story motel with approximately 50 rooms. Gurr lived in the motel next door to Scott Campos. Defendant was staying in another room. One afternoon, as he cleaned a motel room, Gurr heard yelling and screaming. He went outside to “see what was going on.” Gurr saw defendant and Gordon involved in a physical altercation. Defendant held Gordon “by the throat up against the wall and [was] yelling at her, and it looked like he was getting ready to hit her.” Gordon was crying and unable to fight back. Her face was injured and bloody. Gurr saw defendant swing at Gordon “one time.” However, Gurr did not know “whether he hit her or not.” Gurr asked defendant and Gordon “to take the problem off the property.” In response, defendant tried to hit Gurr. Gurr called 911. As Gurr called 911, defendant began to beat up Rebecca Wilson, who had attempted to intervene. Gurr saw defendant hitting and kicking Wilson. Wilson fell and defendant began kicking her in the face and ribs. During defendant’s attack on Wilson, Campos also attempted to intervene. Defendant hit Campos, pushed him down, and kicked him. Officers responded to Gurr’s 911 call. When they arrived, an officer contacted Wilson in the motel’s parking lot. A visibly upset Wilson had “visual redness and