People v. Gonzalez CA2/7

Filed 6/13/16 P. v. Gonzalez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B261654

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA382545) v.

ALAN GONZALEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Stephen A. Marcus, Judge. Affirmed. John Lanahan, 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, Susan Sullivan Pithey and Andrew S. Pruitt, Deputy Attorneys General, for Plaintiff and Respondent.

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Alan Gonzalez appeals his convictions of first degree murder with special circumstances (Pen. Code, §§ 187, 190.2, subd. (a)(21)) and possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)) on the ground that the court abused its discretion by ordering him restrained with a “stealth belt.” We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

As the sole issue on appeal concerns the use of restraints at trial, a recitation of the factual background of the case is unnecessary. During jury selection, the trial court learned that on the previous day Gonzalez had made a threat against the assistant district attorney (referred to as “the D.A.”) while at the North County Correctional Facility. The court asked the bailiff to get a report from the facility about what had occurred so that it could determine whether a hearing on restraints was warranted, and to bring an additional bailiff to the courtroom in the meantime. The court cautioned Gonzalez to behave appropriately, and Gonzalez responded, “I’m not going to do nothing to him. I never—I never had a problem with him or nothing. I never disrupted your other court. Nothing like that. I wouldn’t even say nothing like that. I don’t have no problem with him. If he has to do his job, he has to do a job. That’s understandable. I’m not going to sit here and try to attack him for any reason. I’m letting you know right now in front of him, my intentions are not to do anything to him.” Later that day, the court conducted a hearing on the alleged threat outside the jury’s presence. Deputy Anthony Sotos testified that the day before, Gonzalez had expressed the desire to be held downtown rather than at the North County Correctional Facility. Gonzalez said it was easy to stab people through the bars downtown, but he could not stab anyone at the North County Correctional Facility. He told Sotos, “You don’t want me here anymore. I’ve already got a life sentence, and they’re trying to give me another.” Then he said, “I’m going to beat the shit out of the D.A. on my case in the courtroom the first chance I get.” Sotos testified that Gonzalez had not been violent or aggressive to him personally, but that he had “said things recently that indicated to [Sotos] that [he] needed to take [the