People v. Saavedra CA4/3

Filed 9/2/14 P. v. Saavedra CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048632

v. (Super. Ct. No. 11WF0157)

ELOY JOAN SAAVEDRA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, James Edward Rogan, Judge. Affirmed. David R. Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Alana Cohen Butler, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted defendant Eloy Joan Saavedra of assault with a deadly weapon, i.e., a bat (Pen. Code, § 245, subd. (a)(1), as amended by Stats. 2011, ch. 183, § 1; all further statutory references are to this code; count 1), assault by means of force likely to produce great bodily injury (former § 245, subd. (a)(1), now § 245, subd. (a)(4); count 2), and battery with serious bodily injury (§ 243, subd. (d); count 3). As to the assault charges, the jury also found defendant personally inflicted great bodily injury on a non-accomplice. (§ 12022.7, subd. (a).) The court suspended execution of a five-year sentence on count 1 and placed defendant on probation with conditions including 180 days in jail. It also imposed, then stayed under section 654, two-year sentences on counts 2 and 3, but ordered fines and fees for each count. Defendant contends one of the two assault convictions must be stricken because they are based on one act. We disagree and affirm the judgment.