People v. Grundstrom CA4/1

Filed 7/16/25 P. v. Grundstrom CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084498

Plaintiff and Respondent,

v. (Super. Ct. No. SCD301956)

DONALD RENE GRUNDSTROM,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Evan P. Kirvin, Judge. Affirmed. Robert V. Vallandigham, Jr., 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, Melissa Mandel and Sahar Karimi, Deputy Attorneys General, for Plaintiff and Respondent. Donald Rene Grundstrom was convicted of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) On appeal, Grundstrom claims the judgment must be reversed because insufficient evidence supports the jury’s

finding that his walking cane was a deadly weapon. We conclude otherwise and thus affirm. I. In January 2024, Grundstrom entered a cafe in a wheelchair. The cafe’s supervisor, Paul A., had previously told Grundstrom he was unwelcome due to “erratic or harassing behavior” directed towards staff. After Grundstrom entered the cafe, Paul calmly asked him to leave several times. Grundstrom refused and became angry. Paul threatened to file a trespass order if Grundstrom did not leave. In response, Grundstrom stood up from his wheelchair and spat in Paul’s face. Grundstrom then reached behind his wheelchair, spun around with a metal cane, and forcefully struck Paul under his left rib with “full force, like . . . swinging a baseball bat.” The force of the impact “blew the wind” out of Paul, who could feel the cane was “solid metal.” As he wheeled himself out of the cafe, Grundstrom said to Paul, “‘You’re a snitch. I’m going to come back and shoot you in the head.’” Paul called 911 and followed Grundstrom outside so he could tell the police which direction he went. After noticing Paul, Grundstrom yelled, “‘Are you calling the fucking cops?’” Grundstrom then rose from his wheelchair and sprinted towards Paul while holding his cane over his head. Paul tried to back away, but Grundstrom caught up with and struck Paul on the left side of his head “at full force, like [he was] trying to break open a piñata.” Upon impact, Paul’s ears began to ring, and he felt “extreme pain” on the left side of his face and head. When the police arrived, they documented Paul’s injuries, including “a large red mark on the left side of his head.”