People v. Shabazz CA2/2

Filed 12/16/13 P. v. Shabazz CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B246873

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA358546) v.

RASHAD SHABAZZ,

Defendant and Appellant.

THE COURT:*

Defendant Rashad Shabazz appeals following his conviction by jury of one count of assault with a deadly weapon, a knife, in violation of Penal Code section 245, subdivision (a)(1).1 The jury found true the allegation that, in the commission of the assault, defendant personally inflicted great bodily injury upon the victim within the meaning of section 12022.7, subdivision (a).2

* BOREN, P. J ., ASHMANN-GERST, J., CHAVEZ, J.,

1 All further references to statutes are to the Penal Code unless stated otherwise.

2 The jury acquitted defendant of attempted murder.

After denying defendant’s motion to strike the great bodily injury enhancement and his motion for a new trial, the trial court sentenced defendant to seven years in state prison. The sentence consisted of four years for the assault and a consecutive three years for the great bodily injury enhancement. We appointed counsel to represent defendant on this appeal. On August 6, 2013, counsel filed an “opening brief” in which he stated that he had failed to find any arguable issues. On August 6, 2013, we informed defendant that he had 30 days in which to file a supplemental brief containing any issues he wished this court to consider. No response has been received to date. FACTS The record shows that the victim, Robert Lackaye, was working as a construction inspector on July 1, 2009. He was standing outside the construction site speaking with two colleagues when defendant passed in between them. Lackaye said to defendant, “How are you doing?” Defendant stopped and asked what Lackaye had said or something similar and then said something Lackaye did not understand. Defendant then said what sounded like “you better not look down.” Lackaye saw that defendant looked displeased. As defendant moved on, Lackaye apologized to defendant and said that he did not mean any disrespect. Lackaye turned to speak with his colleagues again. After approximately five minutes, Lackaye felt an impact to the back of his neck while simultaneously one of his colleagues said, “Look out.” Lackaye turned and saw defendant running away with some type of metal implement in his hand. Brian Lindsey, one of Lackaye’s colleagues, saw defendant slam his fist down in a stabbing motion at the back of Lackaye’s neck. Lackaye fell toward Lindsey but caught himself. Lindsey saw that Lackaye had a puncture wound of approximately half an inch that was bleeding significantly. Lindsey applied pressure to the wound until paramedics arrived. Lackaye was later treated for a wound approximately one centimeter in length that passed through the skin and subcutaneous tissue to the level of the muscle. The wound was closed with a staple.