People v. Arciniega CA2/6

Filed 3/18/21 P. v. Arciniega CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B304545 (Super. Ct. No. BA473088) Plaintiff and Respondent, (Los Angeles County)

v.

MIGUEL ARCINIEGA,

Defendant and Appellant.

Miguel Arciniega appeals a judgment following conviction of felony assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).)1 This appeal concerns an assault with a deadly weapon that Arciniega, a county jail inmate, committed against a shirtless inmate who walked by Arciniega’s cell on the way to the shower. The victim refused medical treatment and no photographs were taken of his injury, described as a two-inch laceration near his

All statutory references are to the Penal Code unless 1

stated otherwise.

left shoulder. Jail officials did not search for a weapon; the nature of the victim’s injury suggested the weapon that Arciniega used was a razor. Arciniega appeals and challenges the assault with a deadly weapon instruction (CALCRIM No. 875) and the sufficiency of evidence to support his conviction. We reject these contentions and affirm. FACTUAL AND PROCEDURAL HISTORY Arciniega and George Perez, Jr. (Perez) were confined in Los Angeles County Jail on August 29, 2018. In the late afternoon, Los Angeles Deputy Sheriff Nicolas Serrato escorted Perez to the shower located at the end of the hallway. Perez wore only underwear and his hands were handcuffed behind his back. As they walked by Arciniega’s cell, Arciniega stuck his hands through the cell bars as if to offer Perez a handshake. Arciniega asked Perez to approach him. Perez turned his back toward Arciniega and attempted to shake hands with him from behind his back. Serrato testified that it was common for inmates to shake hands and that Arciniega and Perez had no prior conflicts while housed there. Arciniega then “jab[bed]” his fist through the cell bars toward Perez, who “jolted back” toward the wall. Serrato and Perez continued to the shower. There, Perez looked at his shoulder which had a straight line two-inch laceration. Serrato offered Perez a towel and a roll of toilet paper to stop the bleeding. Perez accepted them, but rejected any medical assistance, declined to allow Serrato to take photographs of the cut, and refused to speak about the incident with an investigator. Perez commented that “nothing happened.” The bleeding ceased in about 30 minutes. Serrato notified the jail nurse of Perez’s injury.