People v. Brim CA2/3

Filed 9/22/22 P. v. Brim CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B315433

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA154169 v.

EDDIE BRIM,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Affirmed.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

In 2021, the People charged Eddie Brim with injuring a girlfriend, criminal threats, assault with a deadly weapon (a knife), kidnapping, and false imprisonment by violence. The alleged victim in all five counts was Jennifer V. The People alleged Brim had three prior strikes: for voluntary manslaughter, assault with a firearm, and robbery. At the preliminary hearing, Jennifer V. testified that on April 4, 2021, she and Brim—her boyfriend of two years— went to a liquor store. Jennifer’s cousin Malikah went with them. Jennifer and Brim had broken up, and they started arguing about their relationship. When they were driving home from the store, Brim pulled the car over and pulled Jennifer’s hair. In her testimony, Jennifer seemed to be minimizing the incident, claiming Brim didn’t pull her hair “that hard” and professing not to remember details. She admitted, however, that she’d gone to the hospital that day and she’d told police officers Brim had punched her in the head with closed fists. Jennifer suffered a black eye and “an open wound,” requiring one stitch. At the preliminary hearing nearly four months later, the court stated it could see a scar under Jennifer’s left eye. Jennifer told police she’d gotten out of the car at the liquor store and tried to run away. She admitted that at one point she was screaming for help. She told police that, when she got out of the car, Brim grabbed her and pushed her against a gate. Jennifer admitted she’d told police that Brim had pulled out a knife, but then answered “[n]o” to the question, “[D]id the defendant pull out a knife?” Jennifer admitted telling police that Brim had applied pressure with the knife against her throat.