People v. Kennedy CA2/8

Filed 7/29/25 P. v. Kennedy CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B339413

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA468310 v.

DARIUS KENNEDY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ray G. Jurado, Judge. Affirmed. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Kenneth C. Byrne and Blake Armstrong, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Darius Kennedy pleaded no contest to a violation of Penal Code section 273.5, subdivision (a), inflicting injury on D.C., his cohabitant and the mother of his son. At sentencing, the trial court issued a ten year protective order in favor of D.C. and Kennedy’s son. Kennedy requested a modification of the protective order to remove his son. The trial court denied the request. Because Kennedy has not provided an adequate record to allow us to evaluate his claims on appeal, we affirm. Kennedy lived with D.C. and their son. During a dispute, Kennedy punched D.C. in the face. D.C. ran to the kitchen and grabbed a frying pan and hit Kennedy on the forehead with it. Kennedy then grabbed a frying pan and a knife and chased D.C. as she tried to leave the home. Kennedy struck D.C. with the pan several times all over her body and stabbed her with the knife in the back of her head and arm. D.C. finally managed to leave the home and fled. Kennedy chased her, but two men saw and stopped him. D.C. had cuts to the back of her head, ear, and eyebrow. She had blood in her eyes and “blacked out” shortly after fleeing. Police officers responded to the area and conducted a search. Officers stopped Kennedy as he tried to drive away with his son in the car. Officers discovered four prior reports for cohabitant abuse, domestic battery, and criminal threats. A protective order had previously been issued in favor of D.C., but had expired a few years earlier. Officers found two handguns in Kennedy’s home. An information charged Kennedy with attempted willful, deliberate and premeditated murder, assault with a deadly weapon, and injuring a spouse, cohabitant, fiancé, boyfriend, girlfriend, or child’s parent in violation of section 273.5,