People v. Riley CA4/1

Filed 11/6/23 P. v. Riley CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D081531

Plaintiff and Respondent,

v. (Super. Ct. No. SCE412255)

AARON RILEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Patricia K. Cookson, Judge. Affirmed. Richard L. Fitzer, 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, Andrew Mestman, and Arlene A. Sevidal, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Aaron Riley of battery committed by gassing (Pen.

Code,1 § 243.9, subd. (a); count 2); resisting an executive officer (§ 69; count 3); and exhibiting a deadly weapon other than a firearm (§ 417, subd. (a)(1); count 4). The jury found Riley not guilty of vandalism over $400 (§ 594, subd. (a)(b)(1); count 5). Additionally, the trial court declared a mistrial on and granted the prosecution’s motion to dismiss count 1 (making a criminal threat; § 422) after the jury could not reach a verdict on that count. The court sentenced Riley to prison for the low term of two years on count 2, a concurrent midterm of two years on count 3, and time served for count 4. Riley appeals, contending the court erred by failing to stay his sentence for either count 2 or 3 under section 654. We are not persuaded; thus, we affirm the judgment.

FACTUAL BACKGROUND2 On May 9, 2022, Aaron L. was on his way to pick up his stepson from school with his one-year-old daughter who was asleep in her wagon stroller. Riley, a local unhoused man, approached them and placed a crushed water bottle on the canopy of the stroller. Riley mumbled a few unintelligible things, and Aaron responded, “No, thank you,” and tried to hand the crushed water bottle back to Riley. Aaron walked away and even increased his pace, but Riley kept following him. Riley grabbed a pair of pliers from his waist area, and while motioning towards Aaron’s beard area with the pliers, Riley said, “You need a