People v. Blacksher CA2/3

Filed 3/7/23 P. v. Blacksher CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B319808

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA155892) v.

DEMARIAH BLACKSHER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Teresa P. Magno, Judge. Affirmed. Teresa Biagini, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Demariah Blacksher appeals from a judgment entered after a jury verdict. Our review is under People v. Wende (1979) 25 Cal.3d 436. An information charged Blacksher with one count of battery with serious bodily injury (Pen. Code,1 § 243, subd. (d)). The information further alleged that the offense was a serious or violent felony, requiring a sentence to be served in state prison. (§ 1170, subd. (h)(3).) Blacksher proceeded to a jury trial. At Blacksher’s trial, the victim, two investigating officers, and the victim’s surgeon testified for the prosecution. The evening of the incident, Blacksher entered the victim’s tobacco store, where the victim was working behind the counter, with a male companion, a regular customer who the victim knew as “T.B.” Blacksher picked up a toy gun from a display and pointed it at the victim, and then Blacksher and T.B. left the store. They returned five minutes later and Blacksher asked the victim to use the store’s restroom. The victim told Blacksher there was no public restroom. After Blacksher insisted, the victim attempted to physically block Blacksher from getting to the restroom. Blacksher threatened to “do something” to the victim outside. Blacksher and T.B. left the store, but as the victim followed them to the door, the victim was punched in the left jaw area, knocking him unconscious and later requiring surgery to his jaw. The victim was 100 percent sure the assailant was Blacksher. Shortly thereafter, the victim identified Blacksher in a photo array. The store’s surveillance footage, which captured the beginning of the incident, was played at trial.