People v. Lovett CA3

Filed 12/5/25 P. v. Lovett CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C102312

Plaintiff and Respondent, (Super. Ct. No. 24F03214)

v.

RAZI WAIN LOVETT, SR.,

Defendant and Appellant.

Appointed counsel for defendant Razi Wain Lovett, Sr. asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We will affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1),1 three counts of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); counts 2-4), and felony vandalism (§ 594, subd. (b)(1); count 5). It was further alleged defendant had a prior strike. (§§ 667, subds. (b)-(i), 1170.12.) Three aggravating circumstances were also alleged. (Cal. Rules of Court, rule 4.421.) The matter proceeded to trial, where J.W. testified he was a student at the local community college on November 23, 2023. He lived in a room in a dorm that housed around 150 people. B.R., U.S., and defendant’s son Talib also lived in the dorm; Talib and U.S. were roommates. Someone brought a speaker, worth $30, to J.W.’s room before Thanksgiving. J.W. thought the speaker belonged to U.S., but it actually belonged to Talib. Before leaving for a dinner, J.W. gave the speaker to B.R. and asked B.R. to let U.S. know where the speaker was. While J.W. was gone, he received texts from U.S. stating Talib was upset about the speaker and wanted to fight. J.W. returned to the dorm and found U.S. and T.L.’s room “destroyed.” There were broken chairs, and the furniture was “disarrayed.” J.W. tried to talk to Talib, but Talib refused. J.W. returned to his room, which was on a floor above U.S. and T.L.’s room. About an hour later, J.W. heard banging, voices “yelling for me,” and footsteps coming up the stairs. J.W. opened the door, stepped out into the hall, closed the door behind him, and saw Talib and three other people he had never seen before. Talib was in the front, followed by his brother “Junior,” who was holding a metal bat, and a third person who had a knife. Talib started punching J.W. in the face and body; Junior used