People v. Wesco CA2/5

Filed 9/21/16 P. v. Wesco CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B265284

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA428288) v.

RECONDAL WESCO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Edmund Willcox Clarke, Jr., Judge. Affirmed as modified. Marleigh A. Kopas, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

I. INTRODUCTION Defendant, Recondal Wesco, appeals from his sentence following a jury trial. On June 10, 2015, defendant was convicted of violating Penal Code sections 240 and 242.1 The judgment, as modified, is affirmed. II. BACKGROUND In an information, the Los Angeles County District Attorney charged defendant with two felony counts from an incident on August 10, 2014 involving Mr. Daniel Castilleja. In Count 1, the district attorney alleged defendant assaulted Mr. Castilleja with a deadly weapon in violation of section 245, subdivision (a)(1). In Count 2, the district attorney alleged defendant committed battery with serious bodily injury in violation of section 243, subdivision (d). The district attorney also alleged both counts constituted serious felonies under section 1192.7, subdivision (c) and hate crimes under section 422.75, subdivision (a). The district attorney alleged these two counts were serious felonies within the meaning of section 1192.7, subdivision (c)(8). Defendant plead not guilty. On June 10, 2015, following a jury trial, the jury found defendant not guilty of the felony counts. The jury convicted defendant of the lesser offenses of misdemeanor simple assault under section 240 for Count 1 and misdemeanor battery under section 242 for Count 2. The jury found the hate crime allegations were not true. Following his conviction, defendant was sentenced. The trial court denied probation. The trial court orally sentenced defendant to 180 days in jail for each conviction under Count 1 and Count 2. The Count 2 sentence was stayed. Defendant had 302 days of actual days served and 302 days of good time credit, for a total of 604 credit days. The trial court ordered defendant released as soon as practical. The trial court imposed fees of: $150 restitution fine; $30 criminal convictions facilities assessment; and $40 court security fee. However, the trial court ordered all fines stricken in the