Opinion
B297582 B299411
03-25-2020
THE PEOPLE, Plaintiff and Respondent, v. JONATHAN LEWIS SNAGG, SR., Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. NA109810) THE COURT:
Jonathan Lewis Snagg, Sr., appeals the judgment entered following a court trial in which he was convicted of one count of battery (Pen. Code, § 242). Snagg also appeals the order terminating his probation following a contested probation violation hearing. We appointed counsel to represent Snagg in both appeals. After examination of the record, counsel filed opening briefs raising no issues and asking this court to independently review the record.
Undesignated statutory references are to the Penal Code.
BACKGROUND
The battery conviction
Around midnight on July 25, 2018, Andre Moton and his partner, Lenworth Poyser, were standing in line at a restaurant waiting to pay for their order. Appellant and his friend, Jahann Stephens, were in front of them in the line. As they waited, Moton and Poyser discussed two of their favorite musicians, Nikki Minaj and Beyonce. Their conversation was loud enough to be heard by others in line, and at some point, appellant turned to Moton and said, " 'Shut the fuck up with that faggot shit. No one wants to hear that.' " Poyser did not hear the word "faggot," but immediately after the incident he told police that appellant had said, " 'Stop talking about that gay shit.' "
Moton and Poyser, who are both gay, stopped their conversation at first. When they resumed talking appellant aggressively repeated, " 'Shut up with the faggot shit,' " and threatened that if Moton and Poyser did not leave, appellant "would put his hands on [them]." Moton responded, " 'I am still a human. I am still a man.' " Fearing the situation was about to become violent, Poyser went to the front of the line to pick up and pay for the order so he and Moton could leave.
At this point, appellant and Stephens advanced on Moton, cornering him in the outside eating area near the fence and repeatedly using the word "faggot." As Moton tried to climb on a table to create more space, appellant punched him in the jaw. Poyser tried to jump in between them but appellant continued swinging, and punched Poyser in the eye.
Moton attempted to speak to Stephens, but suddenly Stephens punched Moton in the jaw. As Moton and Poyser defended themselves, the fighting escalated. Moton managed to knock appellant down to the ground, but when he tried to leave with Poyser, appellant got up and started swinging at Poyser. After more fighting Poyser was able to run away, but appellant chased him down the block. Afraid for his life, Moton called the police.
Police arrived and found appellant hiding behind a bush. Stephens explained to police that " 'they were fighting because those dudes were talking about gay sex. Nobody wants to hear about that shit.' " According to Stephens, the fight "ended because the victims felt what it was like to be punched by a real man."
Appellant testified that Moton and Poyser were arguing so loudly behind him that the server at the restaurant could not hear appellant's order. Appellant turned to them and asked them to " 'keep it down a little bit.' " As appellant was again trying to place his order, he felt someone hit or punch him on his back. Appellant turned around and asked, " 'Who just hit me?' " He followed Moton to a table assuming it was he who had hit him. Moton then climbed on a table and "threw a kick," declaring, " 'We are not scared. We are not scared.' " Appellant was able to block the kick, but Poyser hit him on the head with a backpack. In response, appellant began fighting with Poyser, and Moton and Stephens both joined the fray. During the fight appellant lost his phone, a necklace and watch, and when Poyser ran away, appellant chased him, believing Poyser had taken his belongings.
While he was standing in line, appellant had not been paying attention to the two men behind him, and he was not aware they were gay. He denied having any animosity toward homosexuals.
Appellant was convicted following a court trial on one count of battery. (§ 242; count 1.) The court also found true the allegation under section 422.7 that the offense was a hate crime, elevating it from a misdemeanor to a felony. The court placed appellant on four years of formal probation with no jail time, and ordered appellant to attend homophobia sensitivity classes. The court further ordered appellant to pay a $300 restitution fine along with a matching, stayed, probation revocation fine, a $30 criminal conviction fee, a $40 court security fee, and victim restitution subject to a restitution hearing.
Appellant was acquitted on the remaining two counts: count 2 for battery, and count 3 for assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)). --------
The probation violation hearing
On May 26, 2019, Michelle Sibley and appellant were living together, and had been in a relationship since 2005. Between 3:00 and 4:00 in the morning appellant came home and woke Sibley, demanding that she prepare food for him. Sibley reluctantly did so, but pointed out that appellant could have done it himself. Appellant began yelling at Sibley, calling her names. He said, "he was going to get a real woman to do his shit."
Sibley returned to the bedroom and the couple began to argue. Appellant told Sibley to get out. He then started pulling her clothes out of the drawers and throwing them everywhere, as he kept yelling and calling her names. He swept the top of the dresser, and something he threw hit Sibley in the face, leaving a small gash on her nose. Appellant then grabbed Sibley by the arm and forcefully pushed her toward the door. Once outside, Sibley called the police.
Appellant testified that he had come home on May 26, 2019, after working all day at a side job, and had fallen asleep in his truck in the driveway. He went inside around 4:30 a.m., and asked Sibley to heat up some spaghetti for him. Appellant became "kind of upset" when Sibley said he could have heated up his own food because he had been taking care of her and her family for 15 years, and that day he had been working to earn extra money to pay for Sibley's car repairs.
Appellant started throwing Sibley's clothes out of the drawer, but nothing hit her. He retrieved a plastic bag, intending to put the clothes in the bag, but Sibley took the bag, and said, " 'Don't touch my clothes.' " As appellant grabbed the clothes, Sibley "just started going wild." Appellant threw the clothes on the ground and told Sibley to get out. He did not throw anything in Sibley's direction, and he denied touching anything on top of the dresser. Appellant denied grabbing Sibley's arm, hitting her, or touching her. After Sibley had gone outside, appellant continued removing her belongings from the closet.
On the People's motion, appellant's probation was revoked based on the misdemeanor domestic violence case filed as a result of the May 26, 2019 incident. Following a contested probation violation hearing, appellant was found in violation, and probation was revoked and terminated. The court sentenced appellant to the low term of 16 months in state prison, with credit for 92 days. The stay of the probation revocation fine was lifted, and a parole restitution fine of $300 was imposed and stayed. The misdemeanor case for domestic violence was dismissed.
DISCUSSION
Based on our examination of the entire record we are satisfied that defendant's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende (1979) 25 Cal.3d 436, 441.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS. /s/_________
LUI, P.J. /s/_________
CHAVEZ, J. /s/_________
HOFFSTADT, J.