People v. Isaac CA2/5

Filed 6/28/23 P. v. Isaac CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B322493

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA151562) v.

NAKIA JAMES ISAAC,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lee W. Tsao, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Stefanie Yee, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

The jury found Nakia James Isaac guilty of assault by means of force likely to produce great bodily injury (Pen. Code,1 § 245, subd. (a)(4); count 2). The jury found not true the allegation that Isaac personally inflicted great bodily injury pursuant to section 12022.7, subdivision (a), in connection with count 2. It found Isaac not guilty of battery with serious bodily injury (§ 243, subd. (d); count 1) and criminal threats (§ 422, subd. (a); count 3). On appeal, Isaac contends that the evidence is insufficient to support the jury’s finding that he used force likely to produce great bodily injury in the commission of the assault, and that the trial court abused its discretion when it refused to reduce his assault conviction to a misdemeanor pursuant to section 17, subdivision (b), or in the alternative, to grant probation. We affirm the judgment. FACTS Prosecution On July 9, 2019, victim Chad Rogers was making repairs on a house in Bellflower (the Bellflower house) owned by family members of his girlfriend, Heather Ives. Prior to Ives’s relationship with Rogers, she had a relationship with Isaac, and Ives and Isaac have two children together. Ives and Isaac previously lived in the Bellflower house, until she moved out in July 2018 and he later moved out in February 2019. Rogers was working outside on the side of the house when he was assaulted. At trial, he could not remember much of what happened to him. He recalled regaining consciousness and finding his phone on the ground. Rogers realized that his phone