People v. Garnett CA1/3

Filed 12/3/14 P. v. Garnett CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A140375 v. RICHARD ANDREW GARNETT, (Humboldt County Super. Ct. No. CR1205767) Defendant and Appellant.

Richard Andrew Garnett appeals from a judgment convicting him of, among other things, battery with serious bodily injury and assault with a deadly weapon with an enhancement for personal infliction of great bodily injury. He contends there is insufficient evidence to support the great bodily injury enhancement and serious bodily injury allegation. We affirm. Factual and Procedural History Defendant was charged in count 1 with attempted murder in violation of Penal Code1 sections 664 and 187, subdivision (a), and in counts 2 and 3 with assault with a deadly weapon in violation of section 245, subdivision (a)(1). The information also alleged, as to each count, that defendant personally inflicted great bodily injury upon the victims within the meaning of section 12022.7, subdivision (a).

1 All statutory references are to the Penal Code unless otherwise noted.

1

The following evidence was presented at trial: In November 2012, the victims, Jessica Robenalt and Darren Harvey, rented a room from defendant and his girlfriend. The living situation, however, was not a good one and in early December Jessica gave defendant notice that she and Darren would be moving out. Jessica testified that, after receiving her notice, defendant became hostile. He “banged on my door aggressively and called us something along the lines of selfish and spoiled for not wanting to live there.” On the afternoon of December 8th, a few days after delivering the notice, defendant attacked Jessica and Darren in the kitchen. As Jessica was standing by the refrigerator, she “just heard this like stomping noise, and the whole trailer shook, and the next thing I know, I am bleeding.” Jessica had been stabbed in the chest and was “covered in blood.” Darren, who was standing next to Jessica, saw defendant lunge at Jessica and stab her with a kitchen knife with a blade “four to five inches” long. Defendant then hit Darren in the face with a wine bottle. Jessica ran to the telephone in the front room and called 911. As soon as Jessica reached the 911 dispatcher, defendant ran up behind her and “stabbed [her] in the back.” He pushed her, causing her to fall, face first, to the floor. As she fell, defendant stabbed or nicked her in the back of her leg with the knife. While Jessica lay face down on the floor, defendant tried to take the telephone away from her. Darren testified that as she was being attacked, Jessica was “screaming frantically.” Darren tried to distract defendant so Jessica could run to her bedroom, where she ran and locked the bedroom door. Defendant and Darren continued to engage in a confrontation until defendant fled to the greenbelt behind the backyard.2