The People v. Brown CA2/6

Filed 8/27/13 P. v. Brown CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B240983 (Super. Ct. No. BA387264) Plaintiff and Respondent, (Los Angeles County)

v.

RAMUNDIE O. BROWN,

Defendant and Appellant.

Ramundie O. Brown appeals from the judgment following his conviction by jury of attempted murder and assault with a deadly weapon. (Pen. Code, §§ 664/187, subd. (a); 245, subd. (a)(1).)1 The jury also found true allegations of personal weapon use and great bodily injury. (§§ 12022, subd. (b)(1); 12022.7, subd. (a).) The trial court found that appellant had one prior serious felony conviction and served a prior prison term (§§ 667, subds. (a)(1) & (b)-(i); 1170.12, subds. (a)-(d); 667.5, subd. (b)), and sentenced him to state prison for 19 years. Appellant contends there is insufficient evidence to support his convictions, and the prosecutor committed prejudicial misconduct. We affirm with instructions directing the superior court clerk to correct the abstract of judgment to reflect that appellant was convicted by jury.

1 All statutory references are to the Penal Code unless otherwise stated. The abstract of judgment incorrectly states that appellant was convicted by plea.

FACTUAL AND PROCEDURAL BACKGROUND Richard Thompson, the victim, lived with his mother in a house behind a mixed martial arts (MMA) gym on Melrose Avenue in Los Angeles. Appellant trained at the same gym, and often worked with trainer Steve Arce (Steve). Thompson, an experienced MMA trainer, testified he was too old to "do the fighting," but practiced fighting "every day." He drank beer and vodka daily, and was an alcoholic. MMA trainer Haruntun Khachatryn (Haruntun) testified that Thompson could perform difficult training exercises extremely well while intoxicated. Appellant, an accomplished MMA fighter, specialized in boxing, and competed in matches daily. At various times, Thompson, Haruntun, or other trainers took care of the MMA gym while its owner was unavailable. On July 31, 2011, Thompson told Steve the gym was not a motel, and that he could not sleep there. The same day, by his own estimate, Thompson drank about seven cans of beer, three bottles of vodka and several 40-ounce bottles of beer. On the evening of July 31, while he was drunk, Thompson noticed the gym windows were broken. He entered the gym to check, and found Steve, a naked woman, and another man, later identified as appellant. Thompson told them to leave. One of them said, "[Y]ou're just an alcoholic." The last things Thompson recalled were "[h]itting . . . [appellant], finishing [his] drink, blacking out, . . . [and] waking up in the hospital." Thompson had punched appellant in the face with a closed fist when appellant was sitting on a bench near the gym, on Melrose. Appellant's face was bleeding near his eye. Haruntun drove by, and saw appellant and Thompson on Melrose, outside the gym, facing each other and arguing loudly. Addressing Haruntun, Thompson said, "I need you right now." Haruntun parked his car behind the gym, and entered through its back door. As he walked through the gym toward Melrose, he saw Steve inside, "cleaning up his sleeping bag." Haruntun continued outside, where appellant was "in a fighting stance," with his fists in front of him, facing Thompson.