People v. Soria CA1/3

Filed 6/16/14 P. v. Soria CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A137607 v. JUAN CARLOS SORIA, (Alameda County Super. Ct. No. H52558) Defendant and Appellant.

Defendant Juan Carlos Soria appeals his conviction, following a bench trial, of aiding and abetting an assault on a police officer (Pen. Code, § 245, subd. (c))1 and misdemeanor obstruction of a police officer (§ 148). Defendant contends that the court erred in denying his motion for judgment of acquittal under section 1118.1 and that his conviction for the violation of section 245, subdivision (c) is not supported by substantial evidence. Although the evidence supporting this conviction is slim and based on conduct of but a few seconds, the trial court carefully considered the evidence under the correct standard and we find no basis to second guess its findings. Background Around 10:00 p.m. on the evening of June 24, 2012, defendant was walking on the street beside Dario Franco, who was riding a bicycle, near Princeton and A Streets in Hayward. Police Officer Jacqueline Meehleib, patrolling in a marked patrol car, observed that Franco’s bicycle had no bike light, a violation of the Vehicle Code, and activated her

1 All statutory references are to the Penal Code.

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lights and siren and told Franco to stop. When the officer got out of the police car, Franco met her with profanity, refused to show her his hands as she directed, ultimately threw a padlock at her and was then hit by a taser fired by the officer. Franco screamed in pain; defendant disregarded Meehleib’s order to stay back and pulled the taser probes from Franco’s body. Franco then rose from the ground and attacked Meehleib, who fell to the ground where Franco continued to punch and kick her. When Meehleib believed that Franco was reaching for her firearm, she shot him in the leg. Backup arrived at the scene and Franco was taken into custody. There is no dispute in the evidence as to these abbreviated facts. The evidence is less clear as to defendant’s actions while Franco was physically attacking the felled officer. Meehleib’s testimony sheds no light on defendant’s movements while she was on the ground. Gurmail Billa, who was working at a liquor store on A Street outside of which the altercation was occurring, came to Meehleib’s assistance, together with his father who was also working at the liquor store. Billa testified: “When she fell on the sidewalk, I was trying to hold [Franco]2 who was coming to attack her. I was holding him by his arms so — and telling him not to fight with her. And at that time, the second male [defendant] also came running from in front of the other store towards there. I pushed the second male, and since he was slim, I pushed him and his shirt came into my hand. And I was telling him, ‘Go back, go back, man.’ And he was saying, ‘They don’t like us.’ And when I pushed him back, by that time the guy from the other store [Vikram Kohli] also came out and he held him and took him to the other side.” “When he [defendant] came close to us and the police officer, and he had his hands raised with his fists like this, and he was saying, ‘They don’t like us, they don’t like us.’ I — I held his shirt and I just gave him a shove, and then Kohli took him back.” After Officer Meehleib shot Franco, Billa testified, defendant again disregarded her order and tried to lift Franco from the ground before backup assistance arrived and arrested both Franco and defendant.