People v. Webb CA3

Filed 8/23/23 P. v. Webb CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C097508

Plaintiff and Respondent, (Super. Ct. No. 21FE010895)

v.

ISSAC DEMARIYAE WEBB,

Defendant and Appellant.

After a heated exchange over a gas pump, defendant Issac Demariyae Webb knocked E.B. to the ground, rendering E.B. unconscious. While E.B. was on the ground unconscious, defendant hit E.B. twice more. A jury found defendant guilty of battery causing serious bodily injury and assault with force likely to produce great bodily injury. It further found true the allegations that defendant personally inflicted serious bodily injury and great bodily injury on E.B. The trial court sentenced defendant to the low term of two years in state prison, doubled due to a prior strike, plus three years for the great bodily injury enhancement.

1

On appeal, defendant challenges the jury’s great bodily injury enhancement finding on a sufficiency of the evidence theory. He argues that the finding could have been based on the two blows rendered after E.B.’s fall, but there was no unanimity instruction as to the enhancement and no evidence showed that E.B. sustained any injury from the later blows. We will affirm. BACKGROUND E.B. purchased gas and a car wash at a gas station. After he finished pumping gas into his car, he waited at the gas pump for his receipt. While E.B. was waiting, defendant parked in front of E.B., rolled down his window, and started shouting profanities at E.B., demanding that he leave. E.B. shouted back and told defendant he had to wait. The exchange lasted a few minutes before defendant drove away. Defendant, however, did not leave the gas station or use other available pumps. He drove around the gas station, returned, and parked next to E.B. Defendant got out of his car and approached E.B., again cursing and demanding E.B. leave. Worried that defendant might hurt him and his son, E.B. reached into his car to get an axe. E.B. held the axe down by his side so that defendant could see it, but did not raise the axe. Then, defendant’s girlfriend exited the car holding their baby. When E.B. saw them, he put the axe back in the car. At this time, a different customer at the gas station approached E.B. and asked why he did not leave when defendant told him to. As E.B. was distracted and explaining to the customer that he was waiting for his receipt, defendant rushed over and hit E.B. hard enough to knock him unconscious. When E.B. regained consciousness, his son helped him up off the ground. E.B. was unable to get up by himself and he was confused. He had swelling on his face, a bump on his head, a cut in his mouth, and abrasions and bruises on his back and elbow.