People v. Adams CA2/3

Filed 1/14/21 P. v. Adams CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B301452

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA477763) v.

AARON BARBO ADAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Drew E. Edwards, Judge. Affirmed as modified. Larenda R. Delaini, 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, Steven D. Matthews and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

A jury found Aaron Barbo Adams guilty of battery with serious bodily injury. He contends there was insufficient evidence he inflicted serious bodily injury. We reject that contention, but we strike an enhancement that was improperly imposed and stayed. BACKGROUND In 2019, the victim was living at a sober living facility with others, including Adams. One evening, the victim was smoking outside with a friend. Adams was also there, and he challenged the victim to a fight. When the victim refused, Adams hit him on the head with a tin can. The victim bled a good amount from a four-centimeter laceration that the victim’s friend described as a “big . . . gouge.” The facility manager washed the wound, but because it would not stop bleeding, the victim went to the hospital. Before getting to the hospital, the bleeding stopped for a few minutes but started again at the hospital. The victim was in pain for about half an hour to an hour. The wound required three staples, which were removed after one week. He did not take any pain medication. He received medical treatment for five minutes although he was at the hospital for about two hours. A jury found Adams guilty of battery with serious bodily injury (Pen. Code,1 § 243, subd. (d)). On September 19, 2019, the trial court sentenced Adams to three years in prison.2 The trial court stayed an enhancement under section 12022, subdivision (b)(1).