People v. Olmsted CA2/8

Filed 8/19/20 P. v. Olmsted CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B304364

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA479260) v.

ADRIAN JAMES OLMSTED,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael Garcia, Judge. Appeal dismissed.

Kiran Prasad, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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We review this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. On November 5, 2019, a jury found appellant guilty of assault with a deadly weapon, to wit, a dumbbell, in violation of Penal Code section 245, subdivision (a)(1). On December 20, 2019, the trial court sentenced appellant to formal probation for a period of three years and he was conditionally released to the AADAP residential treatment program. On January 11, 2020, appellant was discharged from the residential treatment program. On January 22, 2020, the trial court revoked probation and issued a no bail bench warrant, which it held until January 31, 2020. On January 31, 2020, the trial court released the hold because appellant had failed to appear without sufficient excuse. At trial, the People proved their case with the testimony of the victim and his supervisor; the 911 call the victim made on the night of the assault; and a dark and very brief video of the assault. On June 30 2019, at around 10:00 p.m., the victim, a security guard at the Farmer’s Market, was walking from the bus stop on Fairfax to his place of employment. When he got off the bus, he noticed a man, later identified as appellant, on the sidewalk looking at him. The victim began to walk towards his office and appellant followed him, at one point saying, “You remember me? You called the police on me.” The victim responded that appellant must be mistaken. At that point, appellant hit the victim with a black dumbbell on his right shoulder. The victim fell to the ground and screamed for help while appellant kicked and punched him. Passersby chased appellant away.