P. v. Bradley CA2/2

Filed 6/18/13 P. v. Bradley CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B244064

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA073569) v.

MICHAEL EDWARD BRADLEY,

Defendant and Appellant.

THE COURT:*

Appellant Michael Edward Bradley (Bradley) appeals from the judgment of conviction following a jury trial. Statement of the Case An amended information filed August 15, 2012, charged Bradley with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))1 and criminal threats (§ 422, subd. (a)) and with allegations of priors. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) A jury found Bradley guilty of criminal threats. It found him not guilty of assault with a deadly weapon, but found him guilty of the lesser included offense of simple assault, in violation

* BOREN, P. J., ASHMANN-GERST, J., CHAVEZ, J. 1 All further statutory references are to the Penal Code unless otherwise indicated.

of section 240. Bradley waived his constitutional rights to both a jury and a court trial on his priors and admitted them as true. On September 18, 2012, Bradley was sentenced to 11 years in state prison after the trial court denied his Romero2 motion and his motion to reduce his criminal threats conviction to a misdemeanor. (§ 17, subd. (b)(1).) The trial court selected the upper term of three years as to the criminal threats conviction, doubled pursuant to the Three Strikes Law, and imposed an additional five years pursuant to section 667, subdivision (a)(1). It struck the section 667.5, subdivision (b), priors. As to the misdemeanor assault, Bradley was sentenced to time served. He received credit of 123 days in custody and 123 days for work time, for a total of 246 days custody credit. Timely notice of appeal was filed September 18, 2012. Factual Background Prosecution Case Ronald Gordon (Gordon), Dave Patt (Patt), Gregory Hinde (Hinde), and Hinde’s daughter Emily are neighbors on Abelia Road in Canyon Country. Hinde and Gordon are next door neighbors; Patt lives across the street from Hinde. In the late evening of May 6, 2012, Hinde and Emily were taking photographs of the moon outside of Patt’s house. Patt’s garage door was open and he was inside cleaning while Gordon, Hinde, and Emily were outside. Gordon, Hinde, and Emily heard the sound of a speeding car and saw a dark SUV drive towards them. Believing that the car was going above the speed limit on a residential street, Gordon stepped out on the street and motioned for the car to slow down. However, instead of slowing down, the driver appeared to accelerate. Frustrated with the frequent problem of drivers speeding through their street, Gordon threw an empty plastic cup at the car as it passed, hitting it on the passenger side. When the cup hit the car, the car came to an abrupt stop and the driver, Bradley, stepped out. Bradley had a flashlight in his hand as he moved towards Gordon, saying