P. v. Gonzales

Filed 3/24/06 P. v. Gonzales CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORT

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION 3

Lisa Gonzales timely appeals her jury trial convictions for assault with a deadly weapon and battery inflicting serious bodily injury arising from an attack on her co-worker Debbie Gonzalez. We affirm.

BACKGROUND

Around midnight on October 13, 2002, an assailant struck Debbie Gonzalez on the right side of her face as she was getting into her car parked at the U.S. Postal facility on Evans Street, San Francisco, where she had just finished work. Later, her co-worker Lisa Gonzales[1] was charged as the assailant by Information as follows: Count One--assault with a deadly weapon, to wit, a piece of metal (Pen. Code, § 245, subd. (a)(1)^[2]), with the allegation she personally inflicted great bodily injury (§ 12022.7, subd. (a) (section 12022.7(a))); Count Two--battery inflicting serious bodily injury (§ 243, subd. (d)), with the allegation she personally used a deadly and dangerous weapon, to wit, a piece of metal (§ 12022, subd. (b)(1)). A jury found Lisa guilty on Count One and found the infliction of great bodily injury allegation true. The jury also found Lisa guilty on Count Two but found the allegation that she had used a piece of metal in the attack not true.

At trial, a number of witnesses testified who were present at the time of the incident. For the People, Debbie testified she and Lisa used to be friends but had a falling-out about a year before the night of the attack. Debbie said she left the post office building around midnight with co-worker Leticia Moreno. Debbie and Leticia said hello to another colleague, Leo Mangrobang, who was standing under a lamp post adjacent to the parking lot. They both noticed Lisa was in the parking lot, leaning up against a white car parked behind Debbie's car in the next lane over. Debbie parted from Leticia and went to her car. She realized the white car behind hers belonged to Donna Robinson, and she heard Lisa and Donna laughing and talking together. Debbie was nervous about seeing Lisa there, so she first went round to the passenger side to put her shoulder bag and other things into the car. She went back to the driver's side and was bending over to open the door when she heard a â€