People v. Watson CA3

Filed 11/8/13 P. v. Watson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C072603

Plaintiff and Respondent, (Super. Ct. No. 12F01475)

v.

JOHATHAN MAYHEW WATSON,

Defendant and Appellant.

Appointed counsel for defendant Jonathan Mayhew Watson asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

FACTS On February 26, 2012, at 7:30 p.m., Kristen M. returned to her apartment to find her couch cushions upended, her suitcases opened, and defendant (a man not known to Kristen M.) standing in her apartment. Defendant was holding several of Kristen M.’s purses, her guitar, and a backpack. Kristen M. yelled out to defendant, defendant ran into the kitchen, and Kristen M. followed him. As Kristen M. pursued defendant, defendant threw the guitar at her. Kristen M. and defendant both fell and defendant began throwing purses at Kristen M. Kristen M. chased defendant outside, around the backyard, and over a white fence. Then she went inside to call the police. Meanwhile, Kristen M.’s landlady Nancy M. (who lived in the apartment above Kristen M.’s) heard glass breaking and Kristen M. screaming. Nancy M. ran out of her apartment and saw Kristen M. “fighting” with defendant as they were coming out of Kristen M.’s apartment. Nancy M. also chased defendant as he tried to leave through a fence gate; when she reached defendant, he punched her in the neck. Defendant then tried to flee over the fence but became stuck on the top of the fence, dangling upside down and kicking his feet. From the top of the fence, defendant kicked Nancy M. and she fell to the ground. Nancy M. got to her feet as her husband Grant M. arrived and warned Nancy M. that defendant had a knife. Grant M. then tried to stop defendant by grabbing defendant’s backpack while he was still hanging from the fence. Defendant continued kicking at Grant and Nancy M., kicking Nancy M. in the chest. Then, according to Grant M.: “All of a sudden there was a big kitchen knife being waved in my face.” Grant M. let go of defendant and told Nancy M. to back up. They watched defendant get down from the fence, walk to a nearby parking lot, get on a bicycle, and ride away. Police Officer Lilia Vasquez found defendant on the street, standing near a bicycle and a tree with a knife stuck in it. Defendant was breathing heavily and sweating, his pants torn and bloodied. Vasquez searched defendant’s person and found Kristen M.’s