People v. Davis CA2/2

Filed 5/6/16 P. v. Davis CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262816

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA137099) v.

MARQUISE KYWON DAVIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Robert J. Higa, Judge. Affirmed.

Jonathan P. Milberg, 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, Yun K. Lee and Tannaz Kouhpainezhad, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Marquise Kywon Davis appeals from the judgment entered following a jury trial that resulted in his conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)),1 during which he personally inflicted great bodily injury (§ 12022.7, subd. (a)). He was sentenced to prison for the four-year upper term on his conviction. Defendant contends the trial court erred in admitting evidence elicited during cross-examination that he had previously been in “trouble” with the police for fighting while in Juvenile Hall placement and that this erroneous admission of prejudicial evidence deprived him of a fair trial and due process (U.S. Const., 14th Amend.). We affirm the judgment. In testifying in his own defense, defendant asserted he did not condone violence, he had not been looking for a fight with the victim Casey Johnson, and he hit Johnson with a bat in self-defense. The trial court did not abuse its discretion in admitting the challenged evidence, which was proper impeachment regarding defendant’s credibility. BACKGROUND On September 29, 2014, at about 5:00 p.m., Johnson went to visit his girlfriend near the intersection of Central Avenue and East 78th Street. While at that intersection, Johnson saw defendant, who was across the street. Johnson told him not to “go over there disrespecting my people no more,” because defendant previously had threatened Johnson’s girlfriend. The men then went off separately. Johnson walked his bicycle into an alleyway to go to the bathroom. Afterward, he walked toward Central Avenue. As he crossed the street, he was knocked out. Ramiro Cordova saw Johnson walking his bicycle across the street. He then saw defendant walk up from behind and swing a bat above his head and down on Johnson’s head. Johnson let go the bicycle and fell face up, bleeding from his head wound. Cordova did not hear any yelling or see any fighting between Johnson and defendant