People v. Boone CA2/2

Filed 12/3/15 P. v. Boone CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B255781

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA129169) v.

EMANUEL L. BOONE,

Defendant and Appellant.

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

Paul J. Katz, 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, Paul M. Roadarmel, Supervising Deputy Attorney General, William N. Frank, Deputy Attorney General, for Plaintiff and Respondent.

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This appeal arises out of Emanuel L. Boone’s (defendant) convictions for crimes against the mothers of his children. He argues that all of his convictions are infirm because the trial court allowed a biased juror to remain on the jury. He also raises three challenges to his sentence. We conclude that the court did not err in examining the jury or in concluding there was no “good cause” for her removal, but made errors in calculating his sentence. We accordingly affirm his convictions, but direct that the abstract of judgment be corrected to remedy the errors in sentencing. FACTS AND PROCEDURAL BACKGROUND The facts stem from four incidents. Tiffany King (King) was the victim of the first, and Andrea Charles (Charles) was the victim of the remainder. King and Charles each have a child with defendant. On March 23, 2013, defendant smashed all of the windows of King’s car with a lug wrench while King was sitting inside. Amidst the blows to the car, he struck King in the face. On May 2, 2013, defendant broke into Charles’s home, and began arguing with her. Eventually, he attacked and cut her with a box cutter. On May 12, 2013, defendant approached Charles as she was walking home from a bus stop, then grabbed her and struck her with his fists. On May 25, 2013, defendant entered Charles’s home through a window. He demanded that she leave with him. When she refused, defendant dragged her out of the house and then beat her with his fists and a coffee mug. The People charged defendant with seven counts as follows: For the lug wrench 1 incident, assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) as count 1 and vandalism (§ 594, subd. (a)) as count 2; for the box cutter incident, burglary (§ 459) as count 3 and corporal injury to a child’s parent (§ 273.5, subd. (a)) as count 4; for the bus stop incident, corporal injury to a child’s parent (§ 273.5, subd. (a)) as count 5; and for the mug incident, burglary (§ 459) as count 6 and corporal injury to a child’s parent