P. v. Muhammad

Filed 1/16/07  P. v. Muhammad CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

            APPEAL from a judgment of the Superior Court of Los Angeles County, Tomson T. Ong, Judge.  Affirmed as modified.

            Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent. 

_______________________

Defendant, Khalid Muhammad, appeals from his conviction for assault by means likely to produce great bodily injury (Pen. Code,^[1] § 245, subd. (a)(1)) and the trial court's finding that he was previously convicted of three serious felonies and served four prior prison terms.  (§§ 667, subd. (b)-(i), 667.5, subd. (b), 1170.12.)  Defendant argues that the trial court improperly denied his motion to strike his prior felony convictions and that he is entitled to additional presentence credits.  We affirm with modification.

We view the evidence in a light most favorable to the judgment.  (Jackson  v. Virginia (1979) 443 U.S. 307, 319; People v. Elliot (2005) 37 Cal.4th 453, 466; People v. Osband (1996) 13 Cal.4th 622, 690; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909.)  Defendant hit his 76-year-old mother, Lou Wyatt, over the head with a chair, knocking her to the floor.  Defendant then hit his mother in the head and held her down.  Defendant told Ms. Wyatt, â€