People v. Bell CA4/3

Filed 9/27/16 P. v. Bell CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G051964

v. (Super. Ct. No. 12NF0152)

RICKY LAMONT BELL, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed with directions. Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Alana C. Butler and Stephanie H. Chow, for Plaintiff and Respondent. * * *

A jury convicted Ricky Lamont Bell of battery with serious bodily injury (Pen. Code, § 243, subd. (d) [count 1]; all citations are to the Penal Code unless noted), assault by means of force likely to cause great bodily injury (former § 245, subd. (a)(1) [count 2]) 1, and found he inflicted great bodily injury (§ 12022.7 [as to count 2]). He contends the trial court erred by allowing the prosecution to file an amended information adding the aggravated assault charge and great bodily injury allegation on the day of trial. He also argues the evidence is insufficient to sustain the conviction for assault by means of force likely to cause great bodily injury. Finding no basis to overturn the judgment, we affirm, but we will direct the court to modify its minutes to reflect Bell suffered a conviction for a violation of section 245, subdivision (a)(4), rather than section 245, subdivision (a)(1). I FACTUAL AND PROCEDURAL BACKGROUND On the morning of December 24, 2011, Shahab Eghterafi exited a busy Anaheim Wal-Mart store after completing his shopping. He noticed Bell walking hurriedly toward him with a young girl in tow. Bell appeared angry or unhappy. Bell stopped in front of Eghterafi. As the men stood nose-to-nose, Bell said, “Are you fucking blind?” Frightened, Eghterafi did not respond. Bell took a step back, then punched Eghterafi in the face, knocking Eghterafi to the ground. When Eghterafi regained his senses, Bell stood over him, his right hand in a fist, and said, “Do you want fucking more?” Eghterafi responded, “No. It’s okay, sir.”