P. v. Strain
Filed 8/7/06 P. v. Strain CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. BRANDON J. STRAIN, Defendant and Appellant. | C047448
(Super. Ct. No. 03F03271)
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Defendant Brandon J. Strain appeals after a jury convicted him of one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))[1] and found true a great bodily injury enhancement (§ 12022.7, subd. (a)). The court suspended imposition of sentence and placed defendant on probation. Defendant argues the prosecutor committed misconduct when he repeatedly asked defendant during cross-examination if the other witnesses were lying. This contention fails because, with one exception, the questions were proper, and the one improper question did not prejudice defendant. Defendant also raises an overbreadth challenge to a condition of probation that prohibits him from remaining in any building or vehicle where any person has a deadly or dangerous weapon, or in the presence of any armed person. This argument was forfeited by the absence of objection at the sentencing hearing. Accordingly, we shall affirm the judgment.
BACKGROUND
The charges arose from a dispute and physical altercation over $120 or $140 David Muse owed defendant for work done. The altercation occurred on Solano Way near Winding Way during the early evening hours of March 31, 2003, as the two men were concluding visits with their friends, who lived on opposite sides of the road. Defendant spotted Muse and shouted something in his direction, and Muse shouted something back. As their friends watched (including their mutual friend, Jamie Parker, and the son of defendant's friend (hereafter, the minor)), Muse crossed the road, approached defendant, and told him he was not going to pay him because defendant had â€
