People v. Blakley

Opinion

HARMS, J.

Introduction

After a jury trial appellant was found guilty of committing a felonious assault in violation of Penal Code section 245, subdivision (a)(1). The jury further found true the allegation that appellant used a dangerous weapon in violation of Penal Code section 12022, subdivision (b). The trial court denied probation and selected the lower term of two years with a one-year enhancement for a total prison term of three years, minus appropriate credits. Appellant filed a timely notice of appeal.

Facts

Late on the night of August 1, 1990, James Steeley had an argument outside the Turlock fairgrounds with Marco Perez. Perez was a friend of appellant Blakley. Blakley was not involved in the original argument. It lasted approximately 10 minutes.

Later in the early morning hours of August 2, 1990, Mr. Steeley and friends again encountered Blakley at Hatch Park in Keyes. Blakley was with friends also. Steeley testified that ne again began to argue with Perez. Blakley came up to Steeley and asked him if he wanted to fight. Appellant then pushed Steeley and they began to fight. After a few blows had been thrown, appellant reached up and punched Steeley in the neck, cutting him. When Steeley told his friend Jeremy Crosthwaite that he had been cut, Crosthwaite tried to attend to him. Another person, however, pulled a knife on Crosthwaite and told him to stay back or he would get the same.

After having his neck cut, Steeley went to a friend’s house where he subsequently lost consciousness. He was rushed by ambulance to the hospital. Steeley said he never saw a weapon in Blaldey’s hands. Steeley remained in surgery at the hospital for an hour and a half.

Appellant was later apprehended in Turlock at an abandoned duplex. The arresting deputy saw what appeared to be dried blood on Blakley’s fingers. A

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pickup truck at the same scene also appeared to have dried blood on the passenger door. There was a black-and-white shirt lying on the floor and some sort of razor knife with tape around the handle on the dashboard of the pickup truck. Later a search warrant was obtained for the pickup truck. Sheriff’s deputies discovered a black-and-white shirt, a homemade knife, a shotgun and a carpet knife.