People v. McDonald CA4/1

Filed 3/23/26 P. v. McDonald CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D085225

Plaintiff and Respondent,

v. (Super. Ct. No. JCF007138)

MARTIN GLENN MCDONALD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, William D. Lehman, Judge. Affirmed. Law Offices of Carl K. Osborne and Carl K. Osborne, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Christopher Beesley and Caelle Oetting, Deputy Attorneys General, for Plaintiff and Respondent.

Martin Glenn McDonald was convicted of assault with a deadly weapon

after a violent confrontation with his neighbor. (Pen. Code1, § 245, subd. (a)(1).) The jury acquitted him on counts of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)) and elder abuse (§ 368, subd. (b)(1)). On appeal, McDonald argues his conviction should be reversed, claiming it is inherently inconsistent with the decision to acquit on the other counts. Inherently inconsistent verdicts are not generally grounds for reversal. In any case, we find the verdicts were not inconsistent. Accordingly, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2023, McDonald assaulted his neighbor in a confrontation about the neighbor’s loud music. The neighbor suffered injuries to his head and finger. The victim was 66 at the time of the offense, and McDonald was 59. McDonald was charged with three counts: (1) assault with a deadly weapon (§ 245, subd. (a)(1)) resulting in personal infliction of great bodily injury (§ 12022.7, subd. (a)); (2) assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)) resulting in personal infliction of great bodily injury (§ 12022.7, subd. (a)); and (3) elder abuse (§ 368, subd. (b)(1)) resulting in resulting in personal infliction of great bodily injury (§ 12022.7, subd. (a)). After a trial, the jury convicted McDonald on count one and found true that he had personally inflicted great bodily injury upon the victim. The jury also determined that the attack involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty,