People v. Dominguez CA2/7

Filed 3/18/14 P. v. Dominguez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B247774

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA097833) v.

FRANK ANTHONY DOMINGUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Juan C. Dominguez, Judge. Affirmed as modified. Christopher Nalls, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

_________________

Frank Anthony Dominguez and his sister attacked Sommer Stewart after she insisted they leave her front porch. Stewart’s boyfriend, James Foster, intervened and fought with Dominguez until he and his sister left. Stewart suffered hair loss and injuries to her head and jaw. Two weeks later Dominguez and his sister drove up and challenged Foster to a fight as he was walking to his stepdaughter’s school. Dominguez repeatedly struck Foster with a nightstick and physically restrained him while his sister punched and kicked him. Foster fled and contacted police. During a search of Dominguez’s bedroom, officers recovered a stolen car key and a stolen car stereo face plate. In an amended information the People charged Dominguez with one count of 1 assault with a deadly weapon on Foster (Pen. Code, § 245, subd. (a)(1)) one count of assault by means likely to produce great bodily injury on Stewart (§ 245, subd. (a)(4)) and one count of receiving stolen property (§ 496, subd. (b)). The information specially alleged as to the aggravated assault on Stewart that Dominguez had personally inflicted great bodily injury (§ 12022.7, subd. (a)). The information specially alleged as to both aggravated assault counts that Dominguez had served two prior separate prison terms for 2 felonies (§ 667.5, subd. (b)). Dominguez pleaded not guilty and denied the special allegations. A jury found Dominguez guilty of aggravated assault on Stewart and receiving stolen property. It found true the special allegation Dominguez had personally inflicted great bodily injury. The jury was unable to reach a verdict on the charge of aggravated assault on Foster. The trial court declared a mistrial on that count, and the People elected to retry it. Dominguez agreed to waive time for sentencing. At a pretrial/trial setting conference Dominguez entered a negotiated plea of no contest, both orally and in writing, to assault with a deadly weapon on Foster. Pursuant to the agreement Dominguez would be sentenced to a term, to be determined by the trial