People v. Hamilton CA2/4

Filed 2/8/16 P. v. Hamilton CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B257028

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. NA096378/NA098533) v.

ERIC DEWAYNE HAMILTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gary J. Ferrari, Judge. Affirmed. Kevin Smith, 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, Assistant Attorney General, Zee Rodriguez and David Zarmi, Deputy Attorneys General for Plaintiff and Respondent.

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Appellant Eric Dewayne Hamilton appeals from the judgment entered after his jury conviction of one count of witness intimidation under Penal Code section 136.1, 1 subdivision (a)(2). He seeks reversal on the ground the evidence does not support a finding that he attempted to dissuade the victim from attending or giving testimony, as required by section 136.1, subdivision (a)(2). We find there is substantial evidence to support the conviction and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY Kimberly C., a witness for the People, testified at a preliminary hearing on August 7, 2013, that on July 22, 2013, Hamilton came into her house through the window, attempted to choke her, and then lit her son’s t-shirt on fire and threw it at her. After the preliminary hearing, the court issued a protective order prohibiting Hamilton from contacting Kimberly. On August 21, 2013, Hamilton was charged with arson (§ 451, subd. (d)) and battery (§ 242). On September 2, 2013, Hamilton left a voice message on Kimberly’s phone. The transcript of the phone recording states: Kim baby, please um, let me start calling you, I’m scared to call you girl, they say I’m facing 11 years, you my fuckin’ wife, what the fuck is this shit, we get into one little incident and you flap on me and you know my momma ‘bout to die, I’m fuckin’ callin’ [] and everybody to contact you, I will give you money,and I know I ain’t supposed to be saying this shit, you could fuck me over in court right now just by saying this shit, baby please don’t fuckin’ do me like this, you feel me, come get this shit up off of me, I need a visit from you, I fuckin’ got callin’ card, I’m scared to spend, my family love you and man we suppose to get marry, what the fuck is this, Kim, baby please don’t go out like this, I swear the fuckin’ god on my life, you want me to stay away from you, I’ll stay the fuck away from you, you know 11 years, Kim, get it off of me 32 months, but 11 fuckin’ years, everybody in my whole family got your address, I don’t even know if your apartment is 1 or 15, because it’s gone get ugly Kim, Imma have to fight