People v. Ruff CA2/3

Filed 3/19/15 P. v. Ruff CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B248823

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA096609) v.

DOMUNIQUE RUFF,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County,

Victor D. Martinez, Judge. Affirmed.

David L. Annicchiarico, under appointment by the Court of Appeal, for

Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Lance E. Winters, Senior Assistant Attorney General, William H. Shin and

Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

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Domunique Ruff appeals from his conviction and sentence for assault on a peace officer with a deadly weapon, a pit bull, and resisting an executive officer. Ruff contends the evidence at trial was insufficient for the jury to have found his pit bull to be a deadly weapon because it did not actually “attempt to attack” the officers. Ruff also argues the court failed to augment the assault with a deadly weapon jury instruction to apply specifically to dogs. We find no error and affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts Andy Chen Fang lives on Bold Street in Rowland Heights. On January 11, 2012, at about 10:30 at night, Fang heard loud voices outside his house. He also heard someone “beat[ing on]” his mailbox. Fang looked outside and saw that his mailbox was “tilted.” He called 911. Three Los Angeles County Sheriff’s Department patrol cars arrived in response to Fang’s call. Deputy Michael Partin found defendant Domunique Ruff standing in his front yard next to the garage. (Ruff’s house is one house east of Fang’s.) Ruff had a large pit bull next to him. Partin asked Ruff “several times to put his dog away so [he] could talk to him.” Ruff responded, “No . . . you come and get him.” Deputy Luis Mrad was in the second car. As he pulled up, he saw Ruff pacing back and forth and yelling. LASD partners Brandon Seung and Denny Tseng arrived in the third car. Tseng -- a Mandarin speaker -- first spoke with Fang. Seung and Tseng then walked east to Ruff’s house. Seung saw “a full grown pit bull” running and circling. Ruff walked toward the officers. When he reached the edge of the property, Mrad told him to stop and sit down on the curb. Ruff did not comply. Ruff put his hands in the air, puffed out his chest, and kept walking toward the deputies in an aggressive manner. Ruff yelled, “Shoot me! Shoot me!” The pit bull was growling and pacing back and forth. Ruff then said to the dog, “Get ‘em! Get ‘em!” The pit bull turned its attention to the officers; began barking, growling, snarling, and showing its teeth; and advanced toward them. Deputy Seung was “extremely scared”; he and Tseng