People v. Leguetelle CA2/7

Filed 8/19/20 P. v. Leguetelle CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B297491

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA118759) v.

ULYSSES LEGUETELLE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mike Camacho, Judge. Affirmed. Emma Gunderson, under appointment by the Court of Appeal for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey and Steven D. Matthews and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

Ulysses Leguetelle was convicted following a jury trial of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)), with a true finding he had inflicted great bodily injury upon the victim, Antonio Simental (Pen. Code, § 12022.7, subd. (a)), and battery causing serious bodily injury (Pen. Code, § 243, subd. (d)).1 Leguetelle was sentenced to seven years in state prison. On appeal Leguetelle contends the jury’s finding he personally caused Simental to suffer great bodily injury is not supported by substantial evidence. We affirm. FACTUAL BACKGROUND Leguetelle was fired from his job at the Community Thrift Store in Covina on July 31, 2018. Angry, Leguetelle yelled, threw things and then left the store. He returned two hours later and confronted Simental, who had been Leguetelle’s supervisor. As Leguetelle came very close, Simental pushed him away. Leguetelle responded by punching Simental on the left side of his face, knocking him to the cement floor of the loading dock. Simental testified at trial Leguetelle’s punch caused him to lose consciousness: “Q. When he hit you on the left side of your face, what happened to you? “A. Like, I was knocked out. I was on the floor. “Q. When you say you were knocked out, did you lose consciousness at some point? “A. Yes. “Q. And you said then you were on the floor; right? “A. Yes.