People v. Ellsworth CA2/8

California Court of Appeal Mar 3, 2021 No. B304909Unpublished

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Holding. The court affirmed the defendant's conviction for battery with serious bodily injury, holding that the defendant forfeited his claim of prosecutorial misconduct by failing to object at trial and that, in any event, the challenged remarks were harmless.

Issues

Whether the prosecutor committed misconduct during closing argument by commenting on the consistency of the victim's testimony.
Whether the defendant forfeited his claim of prosecutorial misconduct by failing to object and request an admonition at trial.
Whether the alleged prosecutorial misconduct was harmless error.

Disposition. Affirmed.

Quotations verified verbatim against the opinion

“Ellsworth forfeited his claim by failing to object and to request an admonition.”

“In this case, there was no unringable bell. The prosecutor made no statement alluding to her position, her oath, or her personal convictions about the defendant’s guilt. An admonition would have sufficed.”

“On the merits, the confluence of three factors made the prosecutor’s statement harmless.”

Filed 3/3/21 P. v. Ellsworth CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B304909

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA077363) v.

ERIN CONOLLY ELLSWORTH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed. Laura R. Sheppard, 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, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, and Allison H. Chung, Deputy Attorney General, for Plaintiff and Respondent. ____________________

A jury convicted Erin Conolly Ellsworth of battering a blind man. Ellsworth attacks the prosecutor’s closing argument. We affirm. All statutory references are to the Penal Code. I Ellsworth resided at a sober living home with about a dozen other people, including Jesse Odum, Lucas Jackson, and Corey Hunter. Ellsworth shared a room with Jackson and one other person. Odum lived in a different room. Ellsworth hit Jackson, Odum’s friend. Odum, who was blind, heard about the blow and confronted Ellsworth in Ellsworth’s room. A house rule required anyone who had a fight to leave the house and wait for the owner of the house. Odum sought to enforce this rule and told Ellsworth to pack and wait outside. Odum and Ellsworth argued. Then Ellsworth punched Odum in the jaw. This blow is the one at issue in this appeal. The punch fractured Odum’s jaw on both sides. The necessary surgery inserted permanent metal plates in Odum’s jaw. His mouth was wired shut for two months. An information charged Ellsworth with dependent adult abuse of Odum (§ 368, subd. (b)(1)) (count 1) and battery of Odum with serious bodily injury (§ 243, subd. (d)) (count 2). As to each count, the information alleged Ellsworth inflicted great bodily injury upon Odum. (§ 12022.7, subd. (a).) Trial testimony lasted one day. Ellsworth, Odum, and Hunter testified. Ellsworth admitted punching Odum but claimed self- defense. We excerpt the trial testimony, beginning with Hunter. Hunter heard a loud argument coming from Ellsworth’s room and went to the doorway. Hunter saw Odum and Ellsworth

People v. Ellsworth CA2/8

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B304909

ERIN CONOLLY ELLSWORTH,

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