(Super. Ct. No. 11F00301)
The opinion of the court was delivered by: Duarte , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A fight in the parking lot of a bowling alley ended in a stabbing. A jury convicted 17-year-old defendant James McFadden of assault with a knife (Pen. Code, § 245, subd. (a)(1)) and found he inflicted great bodily injury on his victim (Pen. Code, § 12022.7, subd. (a)). Sentenced to five years in prison, defendant appeals. He claims prosecutorial misconduct, instructional error, and error in the trial court's imposition of certain fees. As we explain, we find no error and shall affirm.
Derreq Knaules went to Country Club Lanes with friends one night, and left the building about 4:00 a.m. the morning of January 9, 2011. In the parking lot, Knaules became involved in a fight and was stabbed. He spent a month in the hospital and had several surgeries. The wound penetrated his left kidney, which was removed.
Fights were common in that parking lot, occurring about once every two weeks. Country Club Lanes had two security guards; on the weekends there were also two deputy sheriffs working off-duty outside.
Testimony of Allen Marinovich
Before the stabbing, the night manager, Allen Marinovich, learned there was a fight and went outside. He saw three people fighting--it appeared to him to be two against one other person. After that fight had "broken up," another man ran up to the one man who had been involved in the earlier fight and punched him in the side of the face, a "blind-side punch," as a result of which he "flew" onto Marinovich's car hood and rolled off, where he "continued to get beat." Security arrived and used pepper spray to break up that fight. Then the man who had "sucker punched" the man being beaten "threw an awkward downward punch" at him in a downward thrusting motion. The victim of the punch (Knaules) grabbed himself and bent down, "kind of slouched over."
Marinovich did not see anything in the hand of the man who threw the last punch. The man was wearing a black jacket and a black bomber hat with ear flaps. He sprinted toward Watt Avenue. Marinovich told security to detain the man in the black bomber hat, who was later identified as defendant.
Marinovich did not realize that what he had seen was a stabbing until he heard screaming that someone had been stabbed. He did not see a knife or blood. Knaules went up to a police officer and told him he had been stabbed.
Trial Testimony of Officer Alexander Conroy
Officer Alexander Conroy was a police officer for the Los Rios Community College District who also worked as a security guard at Country Club Lanes. He saw an individual "sucker-punch" Knaules, who fell over the car and was attacked on the ground. Another person joined the fight. Conroy tried to use pepper spray to break up the fight, and was able to push the man with the black hat off of Knaules, who was on the ground.
Conroy saw the man with the black hat run behind a minivan and adjust something at his waist. Conroy heard the sound of metal falling to the ground and saw the man with the black hat make a kicking motion. The object "skittled" and came to rest under the van. Conroy saw the man in the black hat and another walking away quickly, but trying to appear casual.
Conroy first detained a man in a gray bomber hat. He then detained the man in the black hat (defendant) and his companion.*fn1 When Marinovich saw the two men in the police car, he immediately pointed to defendant and said "that's him." The police took defendant out of the car and ...