People v. Aragon CA4/3

Filed 5/15/15 P. v. Aragon CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049673

v. (Super. Ct. No. 13NF2068)

MARK ANTHONY ARAGON, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, W. Michael Hayes, Judge. Affirmed. Jeannie G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal and Junichi P. Semitsu, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Mark Anthony Aragon was convicted of, inter alia, assault with a

deadly weapon for throwing a bicycle at a man who was at a park with his family. Appellant argues there is insufficient evidence the bicycle constituted a deadly weapon, but given the size of the bicycle and the violent manner in which appellant used it, the jury could reasonably conclude otherwise. We therefore affirm the judgment. FACTS One afternoon, Manuel Hernandez took his family to a park in Anaheim for a picnic. While his children were playing on the swings, Manuel and his wife Norma began setting out snacks at a nearby picnic table. Everything was going fine until appellant arrived on the scene. With a magazine picture of a bikini-clad woman hanging from his mouth, he approached Manuel and asked him if he liked the picture. Manuel said he did not want any trouble, but appellant grabbed his crotch, paced the area and began making strange movements with his head and shoulders. Fearing for his family’s safety, Manuel stood up and told appellant to leave. Instead, appellant tried to grab a glass soda bottle that was on the picnic table. After Manuel thwarted that attempt, Norma called the police on her cell phone. At that point, appellant and Manuel were standing across the picnic table from each other, and the bicycle of Manuel’s nine-year-old daughter – a single-gear beach cruiser – was resting on its kickstand next to appellant.1 Without warning, appellant picked up the bicycle and threw it across the picnic table at Manuel. Manuel raised his arms for protection, and the bicycle hit his left forearm and “went over [his] head.” Although the force of the impact bruised Manuel’s forearm, he did not require any medical attention as a result of the incident. At trial, Manuel described the bicycle as being metal and heavy, but he could not say how much it weighed. Following the bike-throwing incident, Norma called the police several more times. Appellant told her, “Don’t be calling the police or I’m going to take your phone