People v. Aguirre CA4/1

Filed 2/11/16 P. v. Aguirre CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067548

Plaintiff and Respondent,

v. (Super. Ct. No. SCD252492)

RENE JAVIER AGUIRRE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Eugenia

Eyherabide, Judge. Affirmed.

Theresa Osterman Stevenson, under appointment by the Court of Appeal, for

Defendant and Appellant.

Kamala D. Harris, Attorney General, for Plaintiff and Respondent.

A jury convicted Rene Javier Aguirre of assault by means likely to produce great

bodily injury (Pen. Code,1 § 245, subd. (a)(4); counts 1 and 2) and battery with serious

bodily injury (§ 243, subd. (d); count 3). It found true that as to count 2, Aguirre

1 Statutory references are to the Penal Code.

personally inflicted great bodily injury within the meaning of section 12022.7,

subdivision (a) and as to counts 2 and 3, he personally inflicted great bodily injury within

the meaning of section 1192.7, subdivision (c)(8). The court stayed Aguirre's sentence