People v. Albatat CA4/1

INTRODUCTION

A jury convicted Mohammed Muhsin Albatat of mayhem (Pen. Code,1 § 203), among other crimes, on the prosecution’s theory he “unlawfully and maliciously slit the lip” of the victim. On appeal, he asserts the mayhem conviction must be reversed because there was insufficient evidence that he “maliciously disfigured” the victim. Because that is not an element of mayhem as charged here, we reject Albatat’s sole claim of error and affirm the judgment.

BACKGROUND

S. Zamora, a gardener of 16 years, was working at an El Cajon apartment complex on the morning of April 5, 2023. While Zamora was using a handheld “weed eater” to trim the grass, Albatat came out of one of the apartments in an “aggressive” stance and yelled at Zamora that he did not want to hear any noise. Zamora turned off his tool and explained he needed to do his work. Albatat said he did not care and suddenly, without provocation, punched Zamora in the face with a clenched fist. Zamora’s body “went limp,” his knees “went weak” and he lost his balance, although he did not fall completely to the ground. Zamora called 911. He was in pain and bleeding a lot from the right side of his lip. The responding officer…