People v. Brown CA2/7

Filed 6/20/16 P. v. Brown CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B264713

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA136498) v.

LAMONT DUPREE BROWN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John J. Lonergan, Judge. Affirmed. Cyn Yamashiro, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

_______________________________

FACTUAL AND PROCEDURAL BACKGROUND The People charged Lamont Dupree Brown with two counts of making a criminal threat (Pen. Code, § 422, subd. (a)). Brown pleaded not guilty. Jury trial commenced on May 14, 2015. According to the evidence presented at trial, Brown frequently visited his family at an apartment complex in Los Angeles, where Isaac Johnson was employed. On two occasions during those visits, Brown had confronted Johnson while Johnson was working. Each time, Johnson reported the incident to his supervisor, Phelicia Wright, the manager of the apartment complex. On February 11, 2015, Johnson was sweeping the grounds of the apartment complex when Brown approached and spoke to him. Brown said he was “going to poke him” if Johnson reported him again to Wright. Brown then advanced on Johnson, who believed Brown intended to stab him with a knife. Johnson grabbed his broom with both hands and retreated into the street. Brown said Johnson’s broom would not help him and walked away. Johnson went to the manager’s office and reported the incident to Wright. Minutes later, Brown barged into Wright’s office, yelling: “I told you what was going to happen.” Johnson moved so he would be separated from Brown by a large table. Brown’s hands were inside the front pocket of his hooded sweatshirt and Johnson feared Brown was concealing a knife. When Johnson moved his hand toward his own knife in his back pocket, Brown said: “So, you got a knife too? So we can do this.” Wright intervened and attempted to calm Brown by talking to him. Still agitated, Brown told Johnson and Wright: “I’m going to have to hurt you. Y’all [sic] going to make me hurt you. I’m going to have to kill y’all [sic]. I don’t understand why you do this. I’m going to have to kill you all.” Both Johnson and Wright testified they were frightened by Brown’s threats. After Brown left the office, police arrived and took him into custody. Brown did not testify in his defense. The arresting officer testified he searched Brown and did not find a knife.