People v. Groner CA4/1

Filed 6/12/25 P. v. Groner CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084415

Plaintiff and Respondent,

v. (Super. Ct. No. SCD292855)

MARCUS EBON GRONER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert O. Amador, Judge. Affirmed. Heather E. Shallenberger, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Tami Falkenstein Hennick and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent. In December 2021, Marcus Ebon Groner physically attacked his father. A jury convicted Groner of abuse of an elder under circumstances likely to cause great bodily harm (Pen. Code, § 368, subd. (b)(1); count 1) and assault

with force likely to cause great bodily injury (§ 245(a)(4); count 2). As to both counts, the jury found true Groner personally inflicted great bodily injury. (§ 12022.7(c).) The court sentenced Groner to a prison term of five years plus 25 years to life on count 1 and stayed the same sentence as to count 2. On appeal, Groner claims the facts underlying count 2 establish two distinct assaults, so the court prejudicially erred by failing to give a unanimity instruction on its own motion. We conclude the continuing course of conduct exception applies such that the court was not obligated to instruct on unanimity. We accordingly affirm. I. A. In December 2021, Marvin Groner was in his mid-seventies. He went to his son Groner’s apartment to help him with his car. Marvin parked in the apartment complex’s lot next to Groner’s car. The pair tried to jump-start Groner’s car without success. Marvin used a pocketknife to scrape some battery acid off the connector, but that did not help. Afterward, he put the knife in his pocket. Marvin and Groner ultimately called a tow service to come get the car. While waiting for the tow service, Marvin sat in the driver’s seat of his car with the door ajar, checking his phone, and Groner went inside his apartment. An agitated Groner came out, sat down in the front passenger seat of Marvin’s car, and asked Marvin to give him the phone and take him to the store. Marvin declined because they had to wait for the tow service. Groner—who has been diagnosed with schizophrenia—suddenly reached for Marvin’s phone, pushed Marvin out of the driver’s side door and onto the ground, and began kicking and hitting Marvin. When Marvin told Groner to get off him, Groner did. Marvin got up, and Groner asked him for