P. v. Clay





Filed 4/26/11 P. v. Clay CA2/3





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. LARRY ETMON CLAY, Defendant and Appellant.

B228079 (Los Angeles County Super. Ct. No. NA083721)

APPEAL from a judgment of the Superior Court of Los Angeles County, Joan Comparet-Cassani, Judge. Affirmed.

California Appellate Project and Larry Pizarro, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.




Larry Etmon Clay appeals from the judgment entered following his plea of no contest to assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)),[1] during the commission of which he inflicted great bodily injury (§ 12022.7). The trial court sentenced Clay to five years in state prison. We affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.[2]
In October of 2009, Michelle Williams, her mother, her brother and her sister, Octavia,[3] lived in an apartment on the 3400 block of Andy Street in the City of Long Beach. At that time Octavia was dating appellant, Clay.
At approximately 10:00 p.m. on October 23, 2009, Michelle, who had seen Clay at the apartment earlier that evening, assumed that he had left. Based on that assumption, Michelle invited Jerry Mitchell, Octavia's former boyfriend, to come over. Michelle owed Mitchell $50 and she wished to pay him back. Mitchell arrived at the apartment at approximately 10:45 p.m.
Octavia, who normally went to work between 10:45 p.m. and 11:00 p.m., was downstairs getting ready to leave. Michelle was upstairs. As Michelle came down the stairs to open the door for Mitchell, she noticed that Clay was still at the apartment. He was asleep on the floor.
After Michelle let Mitchell in, he approached Octavia and said, â€