The People v. McCoy CA2/3

Filed 8/29/13 P. v. McCoy CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B240331

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA089938) v.

DEWAYNE McCOY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Joan Comparet-Cassani, Judge. Modified with directions and, as so modified, affirmed.

Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr. and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Dewayne McCoy appeals from the judgment entered following his convictions for inflicting corporal injury upon a cohabitant, cruelty to a child, and assault by means likely to produce great bodily injury. The trial court sentenced McCoy to a term of 16 years in prison. McCoy contends the evidence was insufficient to support his conviction for inflicting corporal injury on a cohabitant. We order the abstract of judgment modified to correct a clerical error, and otherwise affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts. a. People’s evidence. On June 10, 2011, at approximately 5:15 p.m., eyewitnesses saw McCoy “beating up” Christine S. outside a laundromat located at 22nd and Pacific Avenues in San Pedro. McCoy punched Christine repeatedly with a closed fist, bloodying her face. After Christine fell to the ground, McCoy held her down and punched her again. Christine screamed for help. McCoy then grabbed Christine and her eight-year-old son and forced them into a car, and Christine struggled. Christine’s young son hit McCoy in the back with some keys and screamed, “ ‘Help my mom’ ” or “ ‘He is going to kill me. Help my mom.’ ” McCoy picked up the child and dumped him in a nearby trash can, which flipped over. The child attempted to run away, but McCoy grabbed him and placed him back inside the vehicle. Inside the car, McCoy continued to hit Christine. McCoy tried, but failed, to start the car. Bystanders called 9-1-1, and one of them yelled that police had been summoned. Christine exited the car, grabbed her son, and walked away. McCoy left the scene in the opposite direction. Christine was treated by emergency personnel approximately two blocks from the scene of the assault. She had a black eye, a bloody lip, and a two-inch laceration on her hairline, which was bleeding. She was shaking and appeared confused. She did not appear to be under the influence of alcohol or drugs. She was transported to a local hospital for treatment.