People v. Bertran CA2/2

Filed 6/29/16 P. v. Bertran CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B266448

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA079249) v.

ALAN BERTRAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Michael V. Jesic, Judge. Affirmed as modified.

James Koester, 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, Marc A. Kohm and Paul S. Thies, Deputy Attorneys General, for Plaintiff and Respondent.

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Alan Bertran (Bertran) was convicted of committing assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)).1 On appeal, he contends that the trial court committed error by refusing to give a self-defense instruction. Upon review, we find no instructional error. Bertran argues, and the People concede, that he was entitled to 921 days of presentence credit rather than 530 days. We modify the judgment accordingly. As modified, the judgment is affirmed. FACTS

Prosecution Evidence Narek Manukyan (Manukyan) testified that he drove home from work at about 4:00 p.m. on March 28, 2014, parked and heard loud cursing. He noticed Bertran sitting on the stairs in front of a building across the street. Bertran was holding a 40-ounce beer bottle that was 75 percent full. Manukyan walked to within five to seven feet of Bertran to say hello and introduce himself, and to offer assistance. In response, Bertran asked if Manukyan was “Armenian or some shit.” Bertran stood up and wobbled, as though intoxicated. Manukyan offered Bertran a cigarette, who said, “I don’t want your shit.” But then Bertran tried to snatch the pack away, and Manukyan had to pull it back. At that point, Manukyan was concerned for his safety, so he turned around and walked away. Something hit the right side of Manukyan’s forehead, and he fell. He noticed that he was bleeding from a head wound; he saw shards of glass on the ground and smelled beer. Manukyan did not have a weapon. According to Manukyan, he turned over onto his back to see Bertran yelling at him from two to three feet away. Manukyan got up. Bertran approached as though trying to fight, so Manukyan held out a hand and then ran inside a nearby apartment complex. As Manukyan looked for a place to hide, he heard Bertran screaming in a loud, angry voice. The police eventually arrived.