People v. Norman CA3

Filed 8/18/14 P. v. Norman CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C074596

Plaintiff and Respondent, (Super. Ct. No. 12F06964)

v.

JAMES NORMAN,

Defendant and Appellant.

A jury found defendant James Norman guilty of assault with a deadly weapon (a machete) and the jury found true a great bodily injury enhancement. He appeals, arguing the People presented insufficient evidence of the great bodily injury enhancement and the trial court abused its discretion in imposing the upper term of four years for the assault. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND In October 2012, defendant had been sleeping in the backyard of Mary Pinon’s house for approximately three months. Pinon’s son, Ryan Jackson, had been growing

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marijuana in the backyard of Pinon’s house with defendant, and it became defendant’s responsibility to keep watch over the marijuana grow. Living in the house were Pinon; Jackson; Jackson’s fiancée, Kristen Viega; Jackson’s and Viega’s 22-month-old son Ryan J.; and Pinon’s husband, Richard Kado. Three dogs lived at Pinon’s house as well, including one pit bull belonging to Jackson. On October 17, 2012, defendant began to collect his belongings and marijuana grow materials from Pinon’s house to begin a new grow operation at a different location. Defendant went to Pinon’s room to talk with her before moving his belongings. An argument broke out between defendant and Jackson, and Jackson pushed defendant onto the bed. Pinon asked Jackson and defendant to take the argument outside. Soon, Viega came home and brought Ryan J. out into the front yard. Joseph Torrance, a close friend of Jackson, was in the front yard as well. Kado came home and met defendant in the front yard. Kado asked defendant to take his plants and leave. Kado then went to the backyard with his wife, Pinon, and all three dogs. Defendant stayed in the front yard with Jackson, Viega, Ryan J., and Torrance. Defendant, after moving some of his belongings from the house to his car, was standing by the passenger side of his car playing with Ryan J. and asked Jackson, “Are we happy or are we sad?” Defendant and Jackson were arguing, and Viega told defendant to leave and come back another day. Defendant pulled a machete from the backseat of his car and hit Ryan J. in the leg. Jackson ran off the porch toward defendant, and defendant began to swing the machete at Jackson. Jackson backpedaled as he was blocking defendant’s swings and tripped on a rock. Defendant then hit Jackson on the head with the machete, causing Jackson to blackout for a moment. When Jackson got to his feet, defendant continued chasing Jackson into the street swinging the machete at him. Donoven Tolleson, a neighbor, came out to see what was happening. Tolleson saw defendant swinging the machete around and asked defendant to leave. Defendant came after Tolleson with the machete, prompting Tolleson to go into his house to get his