People v. Kirkland CA3

BACKGROUND

As relevant here, the information charged defendant with battery causing serious bodily injury and assault by means of force likely to cause great bodily injury. (§§ 243, subd. (d), 245, subd. (a)(4).) Two people escorted a woman out of a bar because the woman was arguing with an off duty bartender. (People v. Kirkland (Nov. 21, 2013, C072754) [nonpub. opn.].)2 The woman called someone and the woman yelled that the two escorts did not “know who they [we]re messing with.” A few minutes later, defendant pulled up and hit one of the escorts (the victim) who lost consciousness only to regain it inside the bar on a pool table.

2 We granted defendant’s motion to incorporate this prior appeal into this record by reference.

2 The evidence at trial established defendant hit the victim in the head with something other than his fist. Thereafter the victim lost consciousness and he woke up on a pool table inside the bar. The victim was transported to a hospital by ambulance and had black eye and a laceration over it. The victim refused stitches. The jury found defendant guilty of battery causing serious bodily injury and assault by means of force likely to cause great bodily…