People v. Medina CA2/1

Filed 11/22/21 P. v. Medina CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B310334

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA124873) v.

PAUL MEDINA, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Bruce F. Marrs, Judge. Affirmed. Kathleen Caverly and Olivia Meme, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________

Defendant Paul Medina also known as Paul Medina, Jr. appeals from a judgment of conviction. He argues the trial court erred in allowing witnesses to testify against him while wearing masks that covered their noses and mouths. Defendant recognizes that “mitigating concerns about the COVID-19 pandemic [are] indisputably an important public policy interest,” but nevertheless contends that the masks violated his constitutional right to confront these witnesses. We need not address the constitutional issue because even if arguendo requiring the witnesses to wear masks was error, the error was harmless beyond a reasonable doubt. The evidence against defendant at trial was overwhelming. An eyewitness observed defendant enter and leave a storage facility; catalytic converters were stolen from vehicles in that facility; and a short time after the theft, police officers caught defendant with the catalytic converters,1 a saw used to cut the catalytic converters off vehicles, and a hydraulic press used to access those catalytic converters. There was also a video of defendant and his confederate entering and leaving the storage facility. Defendant presented no evidence at trial and there was no conflicting evidence regarding the theft. Under these circumstances, any error in allowing witnesses to testify while wearing masks over their noses and mouths was harmless beyond a reasonable doubt. Accordingly, we affirm defendant’s judgment of conviction.