People v. Fuller CA6

Filed 5/9/16 P. v. Fuller CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041280 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1361912)

v.

ROBERT ELI FULLER,

Defendant and Appellant.

Defendant Robert Eli Fuller punched José Muñoz Robles in a “road rage” incident. A jury found defendant guilty of battery causing serious injury and assault by means likely to produce great bodily injury. As to both counts, the jury found defendant personally inflicted great bodily injury upon the victim. Defendant admitted having four prior “strike” convictions. The trial court imposed a total term of 21 years in state prison. On appeal, defendant contends the trial court erred by instructing the jury on the limited availability of the right to self-defense when a defendant engages in mutual combat. We conclude the trial court properly instructed the jury based on the evidence adduced at trial. Accordingly, we will affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND A. Facts of the Offense 1. Testimony of José Muñoz Robles José Muñoz Robles, the victim, testified as follows. As a traffic enforcement officer, Robles was accustomed to dealing with disgruntled and aggressive motorists. In doing so, he always tried to defuse tense encounters by remaining calm, maintaining a friendly demeanor, and using an appropriate tone of voice. On June 22, 2013, Robles was driving his 1994 Honda Prelude with his girlfriend, Nicole Isaac, in the passenger’s seat. At approximately 4:47 p.m., they were waiting at a traffic light at the intersection of Brokaw Road and Coleman Avenue in the city of Santa Clara. Robles was in the right lane of Brokaw Road, waiting to turn right onto southbound Coleman Avenue. The light was red, and the traffic on Coleman Avenue was too heavy to make a right turn safely. While waiting to turn, Robles heard a loud, persistent honking from a silver SUV behind him. The driver of the SUV was making erratic hand motions. Robles inferred the driver wanted him to move forward, but Robles remained stationary because it was still unsafe to turn. Robles testified that at that point, “the driver made a maneuver which made me maneuver.” The silver SUV swerved into the left turn lane, which made Robles think the driver was attempting to go around him. So Robles “maneuvered a little to the left” to indicate that he (Robles) would move. The silver SUV then pulled up beside Robles on the left and stopped. Defendant got out of the driver’s side of the silver SUV. He walked around the front of the SUV and approached Robles’ car. Defendant was walking in a determined manner, as if to say, “I’m going to do something.” He was gesturing with his hands, pushing them towards himself as if to say, “Here, here.” Robles did not want to put his girlfriend or his property in danger, so he stepped out of his vehicle in an attempt to defuse the situation. Using “a military tactic” designed to scare defendant away, Robles 2