People v. Osborne CA2/5

Filed 1/13/14 P. v. Osborne CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B247119

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA080105) v.

RAYMOND HURDLE OSBORNE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Scott T. Millington, Judge. Affirmed with directions. Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Linda C. Johnson and Robert M. Snider, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

A jury convicted defendant, Raymond Hurdle Osborne, of deadly weapon assault (Pen. Code, § 245, subd. (a)(1))1 and misdemeanor vandalism (§ 594, subd. (a)). Defendant was sentenced to 3 years in state prison. We affirm the judgment. We direct the clerk of the superior court, upon remittitur issuance, to amend the abstract of judgment and deliver a copy to the Department of Corrections and Rehabilitation.

II. EVIDENCE AND ARGUMENT

Defendant and the victim, Rodney Ballard, had a history of animosity stemming from a transaction involving an automobile repair. On January 7, 2011, they encountered each other by chance in a grocery store parking lot. The encounter culminated in the aggravated assault and vandalism charges against defendant. According to Mr. Ballard, defendant was the aggressor. Defendant challenged Mr. Ballard to a fight. Mr. Ballard rode away on his motorcycle. Defendant got into his truck. Defendant chased Mr. Ballard. Defendant reached out through the truck’s window and swung a flashlight at Mr. Ballard. Mr. Ballard finally arrived at his apartment complex. Defendant pulled in behind Mr. Ballard. Defendant approached and swung the flashlight at Mr. Ballard. The blow landed on Mr. Ballard’s right shoulder, fracturing his shoulder blade. Mr. Ballard tried unsuccessfully to get away. Mr. Ballard tripped and fell to the ground. Defendant kicked Mr. Ballard in the side and in the head. Mr. Ballard suffered a gash to the back of his scalp requiring 10 stitches. Defendant also lacerated Mr. Ballard’s right eyebrow area. That wound also required 10 stitches. Mr. Ballard was frightened and did not fight back. Defendant walked away. Paramedics were summoned and took Mr. Ballard to the hospital.