People v. Carlisle CA3

Filed 7/29/15 P. v. Carlisle CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C076586

Plaintiff and Respondent, (Super. Ct. No. 13F05221)

v.

CHRISTOPHER DEWAYNE CARLISLE,

Defendant and Appellant.

In this case, defendant Christopher Carlisle contends the evidence did not support the jury’s findings that he committed assault, battery, and hate crimes because, according to defendant, no reasonable juror could have found that he was not acting in self-defense. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND During the summer of 2013, the victim, Rolando Belloso, visited his then- girlfriend, Natina Belloso, at the casino in which she worked. Defendant and his companion were at a table and defendant was being angry and rude toward the dealer and

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other players. When Rolando arrived, Natina gestured him over. After Rolando reached Natina, defendant yelled, “You fucking Mexican.” He began talking about Florida, Zimmerman, and Trayvon Martin. Rolando heard “fucking Mexican” said repeatedly. Rolando did not engage with defendant beyond asking defendant if he was “for real.” Rolando went away from the table and sat down. Defendant continued to yell “fucking Mexican” and indicated he wanted to fight Rolando. Natina called for her boss and for security. A security guard told Rolando to wait outside. Defendant was told he could continue playing in the casino if he calmed himself. Instead, defendant stared at Natina and called her a “fucking cracker bitch” and a “cracker whore.” Natina called security back to the table and security moved to eject him from the casino. At this point, Rolando went to his car, retrieved what he testified to was a Taser, and put it in his pocket. After some time had passed, he went to reenter the casino. Defendant was being led out by security, still yelling “fuck the white people, fuck the Hispanic.” Rolando moved to step out of the way. As defendant passed Rolando, defendant swung his fist and struck Rolando on the right side of his jaw. Rolando stumbled outside. Nicholas Kielborn, a security guard for the casino, grabbed Rolando in an attempt to stop a fight from breaking out. He felt Rolando tugging at something in his belt line. He saw what he testified to was the blue finish, hammer, and “dovetail” of a gun in Rolando’s waistband. Defendant and his companion ran to their truck, while defendant yelled “that’s right, that’s right,” “fucking . . . Mexican,” and “spic,” and drove away. Kielborn testified that Rolando told him that he needed to “get this to [Rolando’s] car,” apparently in reference to his weapon. Kielborn walked Rolando to his car and watched as Rolando put the weapon into his trunk. Kielborn testified that Rolando’s weapon was a semiautomatic pistol. An ambulance was called for Rolando and Rolando was taken to the hospital where surgery was performed on his broken jaw.