People v. Shakir CA2/6

Filed 7/27/16 P. v. Shakir CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B264849 (Super. Ct. No. LA076332-01) Plaintiff and Respondent, (Los Angeles County)

v.

OMAR B. SHAKIR,

Defendant and Appellant.

Omar B. Shakir appeals a judgment following his conviction of assault with force likely to produce great bodily injury on Ruben Rodriguez (Pen. Code, § 245, subd. (a)(4))1 (count 1); assault with force likely to produce great bodily injury on Wilson Lopez (ibid.) (count 2); and battery resulting in serious bodily injury to Wilson Lopez (§ 243, subd. (d)) (count 3). The trial court sentenced him to an aggregate state prison term of six years. Shakir contends the evidence is insufficient to support a conviction on counts 2 and 3. We conclude: 1) substantial evidence supports the judgment; and 2) the abstract of judgment is incorrect as it reflects that his conviction was the result of a plea, not a jury trial. We order the abstract corrected. In all other respects, we affirm. FACTS Ruben Rodriguez and his family lived in an apartment which was above the apartment where Shakir resided. Shakir complained to Rodriguez on many occasions

1 All statutory references are to the Penal Code.

about the noise Rodriguez’s son was making in the upper unit. Rodriguez told Shakir, “[M]y son he’s autistic and I cannot stop him from walking around in the apartment. There’s nothing I can do . . . .” On the evening of October 18, 2013, Shakir had a fight with Anthony, the nephew of Rodriguez’s wife. Rodriguez saw the fight. He heard his wife telling Shakir and Anthony to “[s]top, stop.” Rodriguez went downstairs and physically “separate[d]” Shakir and Anthony. Later that evening Rodriguez and his friend Wilson Lopez were sitting on a bench in front of the apartment building. Shakir and “his friends” suddenly approached from “the side of the building.” Shakir pointed in the direction of Rodriguez and Lopez and said they were “the guys that were messing with [him].” Rodriguez testified that after Shakir’s remark, “[t]hey just start[ed] hitting us.” Lopez testified that Shakir pointed in their direction and said “it’s them” before Shakir and his companions “started attacking” him and Rodriguez. Shakir was hitting Rodriguez in the head. Two of Shakir’s companions attacked Lopez “with their hands and feet.” As a result of the beating, Lopez had to undergo surgery. He had a fractured jaw “in two places.” In the defense case, Lopez’s 17-year-old daughter Yuri testified that she saw seven minutes of the fight. Yuri was asked, “During the seven minutes of that fight, did you see [Shakir] hit anyone?” She responded, “I didn’t see him hit anyone, but I didn’t see him trying to stop the fight either.” On cross-examination, she said she did not see the entire fight. Shakir did not testify. DISCUSSION Substantial Evidence Shakir contends there is insufficient evidence “to prove that [he] aided and abetted the attack on [Lopez].” We disagree. In reviewing the sufficiency of the evidence, we must draw all reasonable inferences in support of the judgment. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.)