People v. Williams CA2/1

Filed 5/1/14 P. v. Williams CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B243120

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA122155) v.

STEPHEN LAMONT WILLIAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Allen J. Webster, Judge. Affirmed. Joanna Rehm, 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, James William Bilderback II and Alene M. Games, Deputy Attorneys General, for Plaintiff and Respondent.

A jury found Stephen Williams guilty of one count of second degree burglary, two counts of assault with a deadly weapon and found true one great bodily injury enhancement. Williams attacks the assault convictions and the sufficiency of the evidence to support the great bodily injury enhancement. We affirm the judgment. FACTS AND PROCEEDINGS BELOW In the still-dark hours of the morning on February 21, 2012, Viridiana Lopez walked out of her house intending to go to work. She noticed that the dome light was on inside her brother Raul’s truck and saw Williams sitting in the driver’s seat. She recognized Williams from having seen him in the neighborhood. Viridiana screamed, “Raul!” Williams pulled his hoodie over his head, got out of the truck and rode off on a bicycle. Hearing Viridiana’s screams, her husband Marvin and her brother Raul ran out of the house. Marvin got a quick look at the person who had been in the truck before he disappeared on the bicycle. It was too dark to see the person’s face but he could tell it was a male. No one called the police. Ten or fifteen minutes later Viridiana drove to a gas station to buy coffee and Marvin and Raul followed her in Raul’s truck. When the group pulled into the gas station Viridiana saw Williams walking down the sidewalk. She pointed to him and told Raul, “that’s him.” Marvin and Raul, in Raul’s truck, drove along side Williams who began to run as soon as he saw them. As he ran, Williams spontaneously shouted: “I didn’t get inside your truck.” Marvin and Raul got out of the truck and pursued Williams on foot. When Williams tripped and fell Raul “grabbed” him and Marvin came to assist. Together Marvin and Raul tried to hold Williams down. Marvin pressed his knee into Williams’ stomach and he and Raul tried to seize Williams hands. Viridiana arrived on the scene while the struggle was underway and told Raul and Marvin that Williams was the man she saw in the truck that morning. Raul told Viridiana to call the police.