People v. Bonilla CA2/6

Filed 10/5/22 P. v. Bonilla CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B313858 (Super. Ct. No. LA091974) Plaintiff and Respondent, (Los Angeles County)

v.

MATTHEW ALEJANDRO BONILLA,

Defendant and Appellant.

Matthew Alejandro Bonilla appeals a judgment entered following conviction of attempted murder, misdemeanor destruction of property, misdemeanor battery on a person in a dating relationship, and assault with a deadly weapon (knife), with findings of personal use of a deadly weapon and infliction of great bodily injury. (Pen. Code, §§ 664, 187, subd. (a), 594, subd. (a), 243, subd. (e)(1), 245, subd. (a)(1), 12022, subd. (b)(1), 12022.7, subd. (a).)1 We remand to allow the trial court to

1 All statutory references are to the Penal Code.

exercise its discretion pursuant to recently amended section 654, but otherwise affirm. (Stats. 2021, ch. 441, § 1 (Assem. Bill No. 518 (2021-2022 Reg. Sess.).) This appeal concerns the application of Assembly Bill No 518 to selection of which felony conviction to punish and which to stay pursuant to section 654. FACTUAL AND PROCEDURAL HISTORY On January 12, 2020, Andres Tomas, an Uber driver, drove Bonilla and his girlfriend A.O. to a convenience store in the Van Nuys/Burbank area. Bonilla behaved aggressively and A.O. was upset. Bonilla and A.O. left the convenience store and continued down the street. Frederick Green, an unarmed security guard in plain clothing, saw them arguing and hitting each other as they walked. Bonilla hit A.O. and she fell, striking her head on the sidewalk curb. Green testified that “she was taking so many hits and she just was just going down . . . like after the . . . fifth or fourth hit.” Bonilla stood over A.O. and continued to strike her. Green shouted at Bonilla to stop striking A.O. Bonilla approached Green and threw a punch at him. Green responded in kind. Bonilla then threatened to kill Green. Bonilla removed a large kitchen knife from his waistband, chased Green, and then stabbed him three times. Bonilla stated that he would kill Green. Surveillance cameras captured the stabbing and the videotape was played at trial. Uber driver Tomas also captured the stabbing on his cellular telephone. Bonilla ran toward Tomas, pushed him, grabbed the telephone, and destroyed it. A nearby uniformed security guard drew his gun and ordered Bonilla to stop. Bonilla charged the guard who then ran.