People v. Robinson CA2/8

Filed 7/1/14 P. v. Robinson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B252098

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA051134) v.

WILLIAM C. ROBINSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Daviann L. Mitchell, Judge. Affirmed.

Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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William Robinson appeals from a judgment which sentenced him to three years in county jail for resisting an executive officer. His appointed counsel has filed an opening brief raising no issues pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm the judgment. FACTS William and James Robinson1 ate dinner at a Denny’s in Lancaster on November 29, 2010. At the time, James was 67 years old. William is his youngest son. During dinner, William appeared to be “his usual self” and did not appear agitated or angry. Near the end of dinner, however, William became agitated when his father asked him whether he had finished his food. James responded in Spanish and his father asked him to speak in English. William then began to punch his father with a closed fist on the side of the head just above the ear. James’ glasses were knocked off and his nose was cut. He suffered from swelling and a hematoma on the right side of his head. He also experienced chest pain, which stopped half an hour after the incident. Due to his heart condition, however, James was admitted into the hospital for three days for observation. Frank Salazar was at the restaurant with his family that day when he heard William hit his father. Salazar and several other patrons attempted to stop William. In response, William swung at them and yelled profanities. William hit Salazar on the top of his head and Salazar hit him back. James asked a waitress to call the police. Just before they arrived, William calmed down and attempted to leave the restaurant. He asked his father to leave with him, but James refused. As William attempted to walk out, Deputy Sarah Dieguez arrived with Deputy Lee Warren in response to a 911 call. They were directed to William by the other patrons. They heard William say, “I gotta go.” Deputy Warren asked him to put his hands behind his back and went to grab his hands to place them behind his back. Deputy Dieguez attempted to assist. William resisted and wrapped his arm around the female deputy’s neck in a chokehold. She began to gasp and