People v. Grant CA2/2

Filed 10/2/23 P. v. Grant CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B324601

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA093193; v. Appellate Division of the Super. Ct. No. BR055463) EMERALD YVONNE GRANT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Alan K. Schneider, Judge. Affirmed. David W. Scopp, 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, Senior Assistant Attorney General, Steven D. Matthews and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent. _____________________________________

Emerald Yvonne Grant appeals the judgment entered following a jury trial in which she was convicted of simple battery (Pen. Code,1 § 242, subd. (a)), as a lesser included offense of battery with serious bodily injury (§ 243, subd. (d)). The trial court suspended imposition of sentence and placed appellant on probation for one year with the conditions that she perform 20 days of community labor, complete 52 anger management classes, and pay victim restitution. Appellant contends the trial court abused its discretion and violated her Sixth and Fourteenth Amendment rights by failing to adequately investigate appellant’s allegation that a juror was sleeping during portions of the trial and determine whether the juror was biased against her as a result of the allegation. We disagree and affirm. FACTUAL BACKGROUND On February 21, 2020, in stop-and-go traffic on the 405 freeway, appellant rear-ended the car in front of her in which Angelina Gomez DeJesus was a passenger. Following an altercation over the exchange of insurance information between the drivers, appellant returned to her car, got in, and closed the driver’s side window. DeJesus followed appellant and “slapped” appellant’s vehicle to get appellant’s attention and stop her from leaving. DeJesus then walked around to the passenger side of appellant’s car and told her, “I’ve got your license number.” As DeJesus was walking back to her vehicle, appellant “came from behind,” grabbed DeJesus by her clothing, and threw her to the ground. DeJesus went to the emergency room a couple hours