People v. Stuhler CA4/1

Filed 4/2/24 P. v. Stuhler CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D082821

Plaintiff and Respondent,

v. (Super. Ct. No. SCE413636)

MARTIN E. STUHLER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, John M. Thompson, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Martin E. Stuhler appeals from a judgment after a jury convicted him

of making criminal threats (Pen. Code,1 § 422; count 1) with personal use of a deadly weapon (§ 12022, subd. (b)(1)) and exhibiting a deadly weapon (§ 417, subd. (a)(1); count two) and found that both offenses were hate crimes (§ 422.75, subd. (a), 422.7, subd. (a)). His appointed counsel filed an opening

1 Undesignated statutory references are to the Penal Code.

brief raising no arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende); Anders v. California (1967) 386 U.S. 738 (Anders).) We have independently reviewed the record and find no arguable issue that would result in a modification or reversal of the judgment. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Jeffrey Kibble worked as a uniformed security guard at a shopping complex in La Mesa. He is African American. On August 15, 2022, Kibble was on duty standing outside the entrance to a Vons grocery store around 11:30 a.m. A white man later identified as Stuhler came at him riding a bicycle with a trailer for his small dog. Kibble had to move out of the way of the bicycle. Stuhler started threatening Kibble and said, “I’m going to cut you, bitch; get out of my motherfucking way; I’m going to kill you, [n-word].” Kibble was afraid that Stuhler would carry out his threats. According to Kibble, Stuhler was acting “[l]ike a little wild man, just all over the place, just crazy, just like . . . a little Tasmanian.” After Stuhler got off his bicycle, he came at Kibble “like a little bull” and said, “I’m going to cut your black ass; I’m going to cut you, [n-word]; I hate you, you black motherfucker.” Kibble assumed a fighting stance with his fists clenched. He told Stuhler, “You don’t want none of this.” Stuhler came at Kibble at least three times during this initial encounter, then he turned around and walked into the Vons with his dog. Vons assistant manager Joseph O’Neil told Stuhler he had to leave the store. Stuhler walked right past him and responded, “Fuck you, this is not your store, you don’t own this place.” He was being verbally combative with everyone in the area, including customers. Stuhler got close to O’Neil and spit in his face. O’Neil hit him with his iPad.