People v. Moore CA2/3

Filed 4/1/15 P. v. Moore CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B259612

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA131926) v.

CHARLES EDWARD MOORE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura R. Walton, Judge. Affirmed.

Alan E. Spears, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Appellant Charles Edward Moore appeals from the judgment entered following his conviction by jury for assault with a deadly weapon, having suffered two prior felony convictions, two prior serious felony convictions, and a prior conviction for which he served a separate prison term. (Pen. Code, §§ 245, subd. (a)(1), 667, subds. (a) & (d), 667.5, subd. (b).) The court sentenced appellant to prison for 18 years. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts of the Present Offense. a. People’s Evidence. About 11:00 a.m. on February 1, 2014, Isaac Hernandez-Arevalo, a volunteer tutor, was seated at a table in a Compton public library where he was tutoring boys. Appellant, seated at a table in front of Hernandez-Arevalo, made remarks. Appellant later moved to the table behind Hernandez-Arevalo. About two to four minutes later, appellant, using a metal frame chair with a thick plastic seat, struck Hernandez-Arevalo’s back three times, breaking the chair. The blows were hard, they struck Hernandez-Arevalo’s right shoulder blade and the lower part of his head, and the blows hurt. During cross-examination, Hernandez-Arevalo testified the blows primarily hit his shoulder area, at the top of the neck. During redirect examination, he testified the chair indirectly struck a portion of his head. Hernandez-Arevalo’s testimony appellant struck him with the chair was corroborated by two eyewitnesses, i.e., a library patron and one of the boys Hernandez-Arevalo was tutoring. After appellant struck Hernandez-Arevalo, he stood and saw appellant. Hernandez-Arevalo stumbled. Appellant took off his shirt. At some point appellant broke another chair elsewhere in the library. Hernandez-Arevalo moved the boys away from the area, told student directors what had happened, and everyone moved into a multi-purpose room and locked it. The librarian called the police. Appellant was still in the library when police arrested him.