People v. LaBarre CA4/1

Filed 2/22/23 P. v. LaBarre CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080927

Plaintiff and Respondent,

v. (Super. Ct. No. SCN428879)

LUCAS ELI LABARRE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Brad A. Weinreb, Judge. Affirmed. Lucas Eli LaBarre, in pro. per.; and Sheila O’Connor, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. A jury convicted Lucas Eli LaBarre of assault with force likely to cause

great bodily injury (Pen. Code,1 § 245, subd. (a)(4)) and found that LaBarre had personally caused great bodily injury (§ 12022.7, subd. (a)). LaBarre was

1 All further statutory references are to the Penal Code.

sentenced to the low term of two years in prison, consecutive a three-year term for the great bodily injury enhancement. LaBarre filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered LaBarre the opportunity to file his own brief on appeal. He has responded by filing a lengthy document (approximately 50 pages). We will address his submission later in this opinion. STATEMENT OF FACTS We will adopt appellant’s statement of facts to provide background for this appeal. A. Prosecution Evidence Christopher Johnston was a student at Mira Costa College Technology Career Institute and in November, 2021, he was attending a class called Machining Technology. There were 12 students in the class along with two instructors including John Abram. On November 10, 2021, the students, including Johnston and LaBarre were working on a variety of different projects. Johnston was working on a vice and had to use a CNC machine to do it. The classroom had two different rooms, one with the manual machines and one, the CNC room, which contained the computer control machines. Johnston wrote his name on the sign-up sheet to use one of the two CNC machines and that day, he began by turning on the machine to start to warm it up, which takes about ten minutes. No one else was listed on the sign-up sheet. While the machine was warming up, Johnston left the room to gather his supplies. At the time, he didn’t notice any tools or soft jams inside or on