People v. Peterson CA2/3

Filed 1/4/22 P. v. Peterson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B310533

Plaintiff and Respondent, Los Angeles County Super. Ct. No. LA041734 v.

STANLEY FITZGERALD PETERSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. William C. Ryan, Judge. Affirmed.

Richard B. Lennon, 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, Steven E. Mercer and Noah P. Hill, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

A court convicted Stanley Fitzgerald Peterson of assaulting his disabled son and sentenced him to 25 years to life as a third strike offender. Peterson subsequently filed a petition for resentencing under Proposition 36, Penal Code section 1170.126.1 The court denied the petition after finding Peterson is ineligible for relief because he intended to cause great bodily injury to his son. On appeal, Peterson argues there is insufficient evidence showing his intent. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The Commitment Offense In February 2003, Peterson was charged with assaulting his son, Eddie Peterson,2 by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)). Peterson waived his right to a jury trial, and the court conducted a bench trial. At trial, the prosecution presented evidence that 26-year-old Eddie has a bone disorder called achondroplasia, which causes him to be short and experience back pain. Eddie was three feet four inches tall, weighed 80 pounds, and was legally blind. Peterson was five feet ten inches tall and weighed around 150 pounds. On September 29, 2002, Peterson and Eddie had a heated argument in their apartment. Eddie’s girlfriend, Johnetta Duckworth, and their newborn baby were also in the apartment. Eddie was holding the baby in his arms when Peterson ran across the room and kicked him in the ribs. The force from the kick knocked Eddie back, and his head hit a counter.