People v. Brown CA3

Filed 10/11/22 P. v. Brown CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C094436

Plaintiff and Respondent, (Super. Ct. No. 20FE004828)

v.

MICHAEL KENNETH BROWN,

Defendant and Appellant.

Defendant Michael Kenneth Brown stabbed two victims and argued at trial that he had done so in self-defense. A jury found defendant guilty of one count of assault with a deadly weapon as to one victim, but not guilty of a second count as to the other victim. On appeal, defendant argues the prosecutor committed Griffin1 error during closing arguments when she argued defendant lacked evidence to support his self-defense theory. Defendant also asserts the trial court imposed a main jail booking fee and main jail

1 Griffin v. California (1965) 380 U.S. 609.

1

classification fee at sentencing that now must be stricken because of legislative changes. We will strike the fees and otherwise affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Defendant stabbed the two victims, B.D. and J.H., after a dispute about belongings defendant had kept in a storage unit. The prosecution charged defendant with two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)),2 one for his assault on J.H. (count one), and another for his assault on B.D. (count two). The prosecution also alleged defendant personally inflicted great bodily injury as to both counts. (§ 12022.7, subd. (a).) At trial, both victims testified for the prosecution, along with others who had been nearby at the time of the crime and deputy sheriffs who had investigated the crime scene. The crime was captured on surveillance video, which was entered into evidence and reviewed by multiple witnesses throughout the trial. Defendant and an unidentified associate were at the doorway of a house yelling at B.D. The two tried to enter the house, B.D. pushed defendant back, and B.D. fell to the ground. B.D. stood up, realized he had been injured, and retreated into the house, where he discovered his face and hand had been cut. B.D. stated he had not made any threats to defendant or any of his associates. He did not try to punch defendant before he was stabbed. B.D. required 300 stitches to close his wound and suffered nerve damage as a result of his injuries. After B.D. fled into the house, J.H. ran out and started punching defendant. Defendant stabbed J.H., who then retreated and lay down outside. Defendant did not try to punch J.H., tell J.H. to stop, or try to disengage and run away from J.H. before