People v. Butler CA2/3

Filed 11/13/20 P. v. Butler CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B302305

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA477764) v.

ROBERT BUTLER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael D. Abzug, Judge. Reversed and remanded. G. Martin Velez, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Michael Katz, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

A jury found Robert Butler guilty of simple assault. On appeal, he contends the trial court erred by admitting evidence of uncharged acts. Because we agree that the erroneous admission of prior uncharged acts prejudiced Butler, we reverse the judgment on that ground. BACKGROUND An information charged Butler with assault with a deadly weapon. At Butler’s jury trial, a restaurant employee testified that on May 10, 2019 she was sweeping outside the restaurant where she worked. Butler approached her from behind and grabbed her hand. He left, taking her broom with him. When the employee told the restaurant’s security guard what had happened, he followed Butler and asked what he was doing. Butler ignored the guard and walked past him. Following Butler, the guard asked again what he was doing. Butler broke the brush off the broom and swung the steel handle at the guard, yelling at the guard to leave him alone. The guard sprayed Butler with pepper spray, but Butler kept swinging the broom handle, so the guard sprayed him again. The guard pulled out his baton, but Butler knocked it from his hand and struck the guard with the broom handle. The guard chased Butler to an alley where Butler pulled out a small knife and swung it at the guard, who then drew his gun. Butler walked away, and the guard called the police. Butler hid in a dumpster but was found and arrested. A knife was not recovered. Butler committed a similar act two years earlier, in 2017. At that time, a shopping mall security guard had been instructed that Butler was not allowed on the premises. When the shopping mall security guard saw Butler on the premises, he told Butler he