People v. Manns CA3

Filed 12/23/14 P. v. Manns CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C072576

Plaintiff and Respondent, (Super. Ct. No. 04F05796)

v.

DAWAN DONTE ROWE-MANNS,

Defendant and Appellant.

A jury found defendant Dawan Donte Rowe-Manns guilty of battery with serious bodily injury (Pen. Code,1 § 243, subd. (d)) on Brandi Marshall (Brandi) and battery (§ 242) on her boyfriend, Zackary Doyle (Zack). In a court trial, the court found defendant had a prior strike conviction and sentenced him to 13 years in state prison.

1 References to undesignated sections are to the Penal Code.

1

Defendant contends reversal of his conviction is required because of: (1) juror misconduct; (2) error in instructing the jury on causation; and (3) the cumulative prejudicial effect of the foregoing errors. We conclude defendant’s failure to pursue his claim of juror misconduct in the trial court forfeits that issue for appeal. We also conclude that there was neither instructional error as asserted by defendant nor was there prejudice due to cumulative error. FACTUAL AND PROCEDURAL BACKGROUND During the afternoon of March 5, 2004, Brandi, her ten-year-old sister Megan, Zack, and Steven Caldwell arrived on bicycles outside the gate to the apartment complex where Brandi lived. Defendant and his wife also lived in the complex and were sitting in a car parked outside the gate. Brandi and Zack were acquainted with defendant and his wife. Brandi’s friend Tara was parked nearby in her car. Brandi testified that as she walked over to speak with Tara, defendant approached her and Zack, yelling at Zack that he had been in defendant’s apartment. Brandi screamed for help, opened the gate to the complex, and then ran back to aid Zack. Defendant struck Brandi on the right side of her face, beneath her right eye, causing Brandi to fall and hit her head on the cement, rendering her unconscious. As Brandi regained consciousness, she saw that her neighbor, Katherine Tucker, was holding a young girl who was trying to break away from her. Brandi described the girl as a short, skinny teenager with pigtails. Brandi, Megan, and Zack got into Tara’s car and Tara drove them to Zack’s residence where they called 911. Megan, 11 years old at the time of trial, testified that defendant struck Zack only once, but “another guy” also hit Zack. Defendant then struck Brandi once in the face below her eye, causing Brandi to fall and strike her head on the cement curb. While Brandi was on the ground a young girl was trying to hit Brandi and was pulling her hair. Brandi was treated at a hospital for facial bone fractures and the loss of a tooth from her partial plate.