People v. McGowan CA2/4

Filed 3/18/15 P. v. McGowan CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B254285

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA090436) v.

MICHELLE McGOWAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jared D. Moses, Judge. Affirmed. Julia J. Spikes, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Michelle McGowan appeals from a judgment entered following a jury trial in which she was convicted of one count of grand theft auto (Pen. Code, § 487, subd. (d)(1))1 and one misdemeanor count of simple assault (§ 240).2 We affirm.

FACTUAL AND PROCEDURAL BACKGROUND On July 18, 2013, appellant was at the home of her mother, Cynthia Cox. Cox’s neighbor, Margaret Taylor, called to talk to Cox, but after a brief conversation, appellant took the phone and did not allow Taylor to speak further to Cox. Taylor decided to walk over to speak to Cox in person. When Taylor arrived, she and Cox spoke at the front door. Appellant told Taylor and Cox to be quiet because she was on the phone and then slammed the door. After speaking to Taylor outside, Cox went inside the house. Taylor heard a loud commotion and heard Cox yelling, “call the police.” Cox came out of the house crying, with a bloody lip, and holding a landline phone that had been pulled out of the wall. Taylor called 911 on her cell phone. Appellant came out of the house and asked if Taylor was calling the police. Appellant grabbed the landline phone from Cox and smashed it against a tree. She tried to grab Taylor’s cell phone, but Taylor took it and said, “you’re not going to tear my phone up.” Appellant returned into the house and came out holding wire cutters. She lunged with them at Cox and Taylor.