People v. Chang CA2/8

Filed 2/2/15 P. v. Chang CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B253472

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA112634) v.

KAI CHANG,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas McKnew, Judge. Affirmed.

Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Shawn McGahey Webb and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

******

Kai Chang appeals from a judgment of conviction for assault with a deadly weapon and aggravated mayhem. He argues the evidence was insufficient to support his conviction for assault with a deadly weapon. We disagree and affirm. FACTS 1. Prosecution Evidence Dr. Alex Sahba is a psychiatrist at Metropolitan State Hospital in Norwalk. He had been appellant’s psychiatrist for approximately two years in October 2009. Blood tests were required to monitor appellant’s medication levels. On October 13, 2009, Dr. Sahba went to appellant’s room with a psychiatric technician and asked appellant to cooperate in giving blood for these tests. Dr. Sahba spoke to appellant in English; appellant had spoken English to the doctor many times in the past. Initially, appellant said something like, “I don’t speak English. I don’t understand you.” Appellant then refused to give blood and asked the doctor to leave the room (in English). He appeared angry with Dr. Sahba. Dr. Sahba left appellant’s room and went to the nursing station. Approximately five to 10 minutes later, he saw appellant standing outside the glass door of the nursing station, waving and asking for the doctor. Appellant called out to Dr. Sahba and said, “I want to talk to you. I want to talk to you. . . . I’ll take it. I’ll take it.” Dr. Sahba opened the door of the nursing station, and before he could say anything, appellant started kicking him in the leg and grabbing his hand. Appellant scratched his hand and arm and also tried to punch him. Appellant swung at the doctor several times, and the doctor assumed “a defensive posture.” Appellant then grabbed a “Pilot” “rolling ball extra fine point” pen from Dr. Sahba’s shirt pocket, took off the cap, and stabbed him twice in the forearm with the pen. The tip of the pen was nonretractable, but appellant stabbed him hard enough that the tip went inside the pen. The pen punctured two holes in Dr. Sahba’s sleeve and broke Dr. Sahba’s skin. Other staff arrived in response to an alarm set off when appellant attacked Dr. Sahba, and the staff members were able to contain appellant on the floor and grab the pen from him.