People v. Robinson CA2/6

Filed 6/30/15 P. v. Robinson CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B258316 (Super. Ct. No. NA099145-01) Plaintiff and Respondent, (Los Angeles County)

v.

IAN ROBINSON,

Defendant and Appellant.

Ian Robinson appeals a judgment following conviction of assault with a deadly weapon, and assault by means likely to produce great bodily injury, with findings that he personally inflicted great bodily injury, personally used a deadly weapon, suffered four prior serious felony and strike convictions, and served five prior prison terms. (Pen. Code, §§ 245, subds. (a)(1), (4), 12022.7, subd. (a), 12022, subd. (b)(1), 667, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).)1 We affirm. FACTUAL AND PROCEDURAL HISTORY Robinson, his younger brother Anton, and their mother Sharon lived in a mobile home park in Long Beach.2 The day prior to the charged crimes, Anton was

1 All further statutory references are to the Penal Code unless stated otherwise. 2 We shall refer to the victim and his mother by their first names, not from disrespect but to ease the reader's task.

dismissed from a sober-living home, and Robinson reappeared at his mother's home after a four-day absence. In the evening of May 13, 2014, Robinson and his girlfriend argued inside his bedroom in the mobile home. Later, Robinson accompanied her to the bus stop outside the mobile home park. When they met and argued with a bystander there, the park security guard summoned Sharon and Anton. After Anton arrived at the bus stop, Robinson asked him "to fight [the] guy." Anton refused, and he, Robinson, and Sharon returned home. Anton then lay down to sleep for the evening. Robinson entered the bedroom and "berat[ed]" him for not fighting the man at the bus stop. Anton responded that Robinson was a "bitch and pussy and coward" for not fighting the man. In response, Robinson straddled Anton and began "pummeling" him in the face with "full force." When Robinson ceased the assault, Anton walked to the bathroom to tend to his injuries. Robinson soon entered the bathroom, shoved Anton backward into the shower, and struck and kicked him. Robinson also struck Anton repeatedly with the wooden shaft of a toilet plunger, "like chopping wood." Anton freed himself, went to the kitchen, and took the telephone that his mother held. Robinson grabbed the phone from Anton, struck him with it, and smashed it on the floor. Robinson resumed kicking and punching Anton. Following Sharon's unsuccessful attempts to stop the assault, she found a second telephone and telephoned for police assistance. Meanwhile, Robinson stopped the assault, but Anton followed him into a bedroom and punched him in the head repeatedly. Robinson bit Anton in response. Robinson then retrieved a marble athletic trophy and struck Anton in the head with the marble base. Anton ran outside and sat down. Robinson followed, kicked Anton several times, and spit in his face. Police officers soon arrived. The mobile home was "trashed" and "demolished." Walls and carpets throughout the home contained blood spray; the plunger shaft, telephone, and trophy also contained blood. Paramedics drove Anton to the hospital for treatment. He suffered a