People v. Roberson CA4/1

Filed 10/24/23 P. v. Roberson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081235

Plaintiff and Respondent,

v. (Super. Ct. No. SCN435717)

MICHAEL TYRONE ROBERSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Sim von Kalinowski, Judge. Affirmed. Patrick Dudley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene A. Sevidal, James M. Toohey, and Jon S. Tangonan, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION1 Michael Tyrone Roberson was convicted after a bench trial of assault

with force likely to produce great bodily injury (Pen. Code,2 § 245, subd. (a)(4)), battery resulting in serious bodily injury (id., § 243, subd. (d)), and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The trial court sentenced Roberson to 16 years in prison and imposed a restitution fine (Pen. Code, § 1202.4), a stayed parole revocation fine (id., § 1202.45), a court operations assessment (id., § 1465.8), and a criminal conviction assessment (Gov. Code, § 70373). Roberson argues on appeal that: (1) there was insufficient evidence to prove that he was not acting in self-defense, and (2) the trial court’s imposition of fines and assessments without determining ability to pay violated Roberson’s due process rights. We find no error and affirm the judgment. I In July 2022, Roberson and the victim got into an argument in Oceanside, California, where both were living on the street. Roberson is about six feet tall and weighed around 220 pounds at the time. The victim, a woman in her late 50s, is five feet six inches tall, and weighed about 120 pounds. The victim confronted Roberson because she thought he stole something from her cart. During their argument, Roberson punched the