People v. Robinson CA5

Filed 9/11/20 P. v. Robinson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F077893 Plaintiff and Respondent, (Super. Ct. No. F18902266) v.

CHRISTOPHER LEE ROBINSON, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Fresno County. Jonathan M. Skiles, Judge.

Kristin Traicoff, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Amanda D. Cary, and Cavan M. Cox II, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- INTRODUCTION A jury convicted defendant Christopher Lee Robinson of corporal injury upon a cohabitant in violation of Penal Code section 273.5, subdivision (a) after he stabbed the

victim in the neck with a comb. On the second day of trial, a juror called in sick. Over defendant’s objection, the trial court discharged the juror and replaced her with an alternate. On appeal, defendant argues the court reversibly erred in discharging the juror. We affirm the judgment. FACTUAL BACKGROUND Delana L. was temporarily living with defendant and his mother when defendant told her she needed to move out. Delana and defendant verbally argued as she packed her belongings. According to Delana’s cousin, Nicole, defendant was saying “horrible things” to Delana. While they were outside packing the moving truck, Nicole told Delana not to go back into the house by herself. Delana went back inside. While inside the bathroom, Delana bent over to pick up the rugs and, as she stood up, she was stabbed in the neck. She went outside, called 911, and reported to the dispatcher that defendant, her ex-boyfriend, had stabbed her in the neck with a pointy “rat” comb and she was bleeding. Delana asked the 911 dispatcher to send someone to “chaperone” because she was scared of getting hurt but wanted to finish moving her belongings out of the house. Nicole saw Delana holding her neck when she walked outside, and Delana told Nicole defendant had stabbed her with a comb. Nicole noticed a puncture wound on Delana’s neck where it appeared the comb had gone under her skin; the wound was actively bleeding and Delana was wiping it. According to Nicole, defendant followed Delana outside while yelling obscenities and denying he stabbed her. Nicole stepped in between defendant and Delana and told defendant to leave Delana alone. Deputy Esteban Morones responded to the call. He took a statement from Delana in which she reported defendant had assaulted her. Delana told Deputy Morones that she and defendant had been verbally arguing, and then defendant stabbed her in the neck with a pointed-end rattail comb while they were in the bathroom. Delana pushed defendant and then ran outside and called 911. She stated she and defendant had previously dated