People v. Chacon CA2/2

California Court of Appeal Sep 5, 2014 No. B253484Unpublished

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Holding. The court held that the defendant was properly convicted of two counts of assault under Penal Code section 245, subdivision (a)(1) because the evidence established two distinct acts of assault, and that the trial court did not err in providing a mutual combat jury instruction.

Issues

Whether the defendant could be convicted of two counts of assault under Penal Code section 245, subdivision (a)(1) for a single continuous transaction.
Whether the defendant's sentence violated Penal Code section 654.
Whether the trial court erred in instructing the jury on mutual combat.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The two completed assaults against Plascencia justified two convictions under the same statute.”

“The two assaults, though separated by minutes, are independently sufficient to support a conviction under section 245, subdivision (a)(1) for each count.”

“The mutual combat instruction was properly given because, according to defendant’s testimony, Revolorio and Plascencia “push[ed] each other” and “were fighting.””

Filed 9/5/14 P. v. Chacon CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B253484

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA398108) v.

HECTOR RAMIREZ CHACON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Gail Ruderman Feuer, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Zee Rodriguez and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________________________________

A jury found defendant Hector Chacon guilty of one count of assault with a deadly weapon (Pen. Code, § 245 subd. (a)(1))1 (count 1), one count of assault with intent to cause great bodily injury (§ 245 subd. (a)(1)) (count 2),2 and one count of second degree robbery (§ 211) (count 4). The jury also found that the offenses were committed for the benefit of and in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members within the meaning of section 186.22, subdivisions (b)(1)(B) and (b)(1)(C). Defendant was found to have a prior conviction within the meaning of section 667, subdivision (a). Defendant was sentenced to a total of 25 years. Defendant appeals on the grounds that: (1) he should have only been convicted of one count under section 245, subdivision (a)(1) because he committed one continuous assault rather than two separate assaults; (2) convicting him of two counts under section 245, subdivision (a)(1) violated due process under section 654; and (3) the court violated due process by giving the mutual combat jury instruction. FACTS

People v. Chacon CA2/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B253484

HECTOR RAMIREZ CHACON,

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