People v. Richards CA1/5

Filed 5/1/23 P. v. Richards CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A164860 v. ZANE BRONSON RICHARDS, (Del Norte County Defendant and Appellant. Super. Ct. No. CRF21-9235)

Zane Bronson Richards appeals after a jury convicted him of assault by means of force likely to produce great bodily injury and found true a great bodily injury enhancement. His appointed appellate counsel has filed a brief raising no issues but seeking our review pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Our independent review of the record reveals no arguable issues, so we affirm.

BACKGROUND Benjamin V.1 was sitting at a slot machine at the Lucky 7 Casino when his brother, Allen V., returned from the bar and said someone at the bar was “talking crap” about Asians and wanted to fight him. Intending to deescalate the situation, Benjamin walked over to the bar with Allen, sat down next to

The brothers share a common surname. For clarity, we 1

will use the brothers’ first names. 1

Richards, and asked “what’s up? What’s the issue between you and my brother?”

Richards did not respond, so Benjamin stood up to leave. Suddenly Richards punched him in the face, knocking him out. Richards landed two more punches to Benjamin’s head as he lay unconscious on the floor. Security footage of the assault was played to the jury.

Richards’s blows dislodged both of Benjamin’s top front teeth and broke one of his lower teeth. He also suffered a black eye and eye pain; dizziness and light sensitivity; a fractured upper jawbone; and facial pain and swelling.

Richards denied having said anything about Asians or challenging Allen in any way. He testified he was sitting at the bar when Benjamin, with Allen in tow, approached from behind, said “I heard you were talking crap about Asians. Let’s handle it as men,” and sat down next to him on his right. Allen was standing behind Richards on his left. Richards felt “cornered” by the two men. Afraid for his life, he struck Benjamin to defend himself. He did not realize at the time that his initial blow knocked Benjamin unconscious.