People v. Toms CA2/3

Filed 8/4/16 P. v. Toms CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B262124

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA105561) v.

SHAWN TOMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas C. Falls, Judge. Affirmed. Correen Ferrentino, 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, Paul M. Roadarmel, Jr., and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

A jury found defendant and appellant Shawn Toms guilty of, among others, assault with a deadly weapon, a car. During trial, Juror No. 8 disclosed she knew the victim. After an inquiry, the trial court refused to discharge the juror. Toms contends that the failure to discharge the juror violated his state and federal constitutional rights. We disagree and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND I. Factual background. Olga Guerra owned a gold Mercedes. On April 18, 2014, it was stolen. A few days later, on April 21, Anthony and Cristina Anguiano were home.1 Upon investigating a noise from the garage, they saw a man in their car. Cristina yelled. The man ran to a brown or gold Mercedes with Penske plates, driven by a second man, who Cristina identified at trial and from a photographic six pack as Toms.2 Cristina was in front of the Mercedes when Toms stepped on the gas. “At that point, I put my hands on the hood of the car to push myself away from the car, and my forearm struck the front” of the car. After the car struck Cristina’s forearm, the car stopped and the second man got in. Cristina was still standing “in the corner of the vehicle” when it moved and struck her again. Cristina “rolled off the car.” The car “made her spin around the car with her arm.” Cristina’s forearm was bruised, and she “got hit” on her thigh. Toms was arrested later that day about four miles away. He was next to a gold Mercedes with Penske plates, which Guerra later identified as her car. Toms’s fingerprints were on the car. II. Procedural background. On August 28, 2014, a jury found Toms guilty of: count 1, first degree burglary (Pen. Code, § 459),3 and of count 2, assault with a deadly weapon, a vehicle (§ 245,