People v. Smith CA4/1

Filed 6/19/14 P. v. Smith CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064347

Plaintiff and Respondent,

v. (Super. Ct. No. SCD242971)

JOSHUA FANNON SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Runston

G. Maino, Judge. Reversed and remanded.

Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Julie L. Garland, Assistant

Attorneys General, Melissa Mandel, Alana Cohen Butler, Deputy Attorneys General, for

Plaintiff and Respondent. A jury convicted Joshua Fannon Smith of battery causing serious bodily injury

(Pen. Code,1 § 243, subd.…