People v. Stekkinger CA2/6

Filed 3/18/15 P. v. Stekkinger CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B255690 (Super. Ct. No. 1421845) Plaintiff and Respondent, (Santa Barbara County)

v.

DOUGLAS STEKKINGER,

Defendant and Appellant.

Douglas John Stekkinger appeals from the judgment entered after a jury convicted him of elder abuse under circumstances likely to produce great bodily harm (Pen. Code, § 368, subd. (b)(1)),1 assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)), and battery with infliction of serious bodily injury. (§ 243, subd. (d).) As to the elder abuse and assault convictions, the jury found true allegations that appellant had personally inflicted great bodily injury on a person 65 years of age or older. (§ 12022.7, subd. (c).) Appellant was sentenced to prison for eight years. Appellant contends that the evidence is insufficient to support the jury's findings (1) that he did not act in self-defense, (2) that he knew or reasonably should have known that the victim was 65 years of age or older, and (3) that he inflicted great bodily injury.

1 All statutory references are to the Penal Code.

In addition, appellant contends that the trial court erroneously failed to instruct the jury sua sponte on lesser included offenses. We affirm. Facts In April 2012 Sean McGrath attended an Alcoholics Anonymous (A.A.) meeting at the Veterans Memorial Building in Santa Barbara. He was 71 years old and had been attending A.A. meetings at this location for at least 25 years. Appellant came to the meeting with his dog. McGrath had not seen appellant or the dog at prior meetings. He knew that dogs are not allowed inside the building. When the meeting was over, McGrath said to appellant: " 'There's no dogs allowed in the meetings, man.' " A few days later, appellant brought his dog to another A.A. meeting. At the start of the meeting, an announcement was made that pets are not permitted inside the building. When the meeting was over, McGrath said to Scott Lewis, " 'Hey, . . . the pet is still here.' " McGrath and Lewis informed appellant that the owner of the building does not allow dogs at meetings. Appellant replied that he had been granted permission to bring the dog. Lewis responded, " 'There's never been permission to do that here, you know.' " McGrath "might have said, 'That's bullshit,' and laughed at it." Appellant became "very agitated." He "stomped out of the room" with his dog. About a minute later, appellant approached McGrath without the dog. Appellant's "face was kind of red. He was hot. He was pumped up." He "was like a gladiator getting ready to fight." He was "[l]ike a raging bull." Appellant said to McGrath: " 'Fucking old man, don't tell me what to do. You have no right.' " " 'Where do you get off telling me I can't bring my dog into meetings? . . . That's a lot of bullshit.' " Appellant turned around and started to leave. McGrath "wanted him to stop and come back" so that he could explain the policy concerning dogs. McGrath "reached [out] to grab him on the shoulder and say wait a minute, don't leave." Lewis heard McGrath say: " 'Wait a second. Hang on. Just hear me out. Hear me out." McGrath suddenly heard a "loud bang" inside his head. He "thought first something fell off the ceiling and hit me." Blood was coming out of his nose and mouth.