People v. Villavicencio CA2/7

INTRODUCTION

A jury convicted Luis Villavicencio on one count of misdemeanor assault and one count of felony child abuse under circumstances or conditions likely to produce great bodily harm or death. Villavicencio waived his right to a jury trial on the allegation under California Rules of Court, rule 4.421(a)(2),1 he was armed with or used a weapon at the time of the commission of the crime, and the trial court found the allegation true. The trial court sentenced Villavicencio to six months in county jail on the assault conviction. The court imposed the middle term of four years on the child abuse conviction, suspended execution of the sentence, and placed Villavicencio on probation for four years. Villavicencio argues the trial court erred in finding he was armed with or used a weapon, within the meaning of rule 4.421(a)(2). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Villavicencio Attacks His Stepson When Kevin R. was 17 years old, he lived in an apartment with his mother, his brother, his friend Jobany, and his stepfather Villavicencio. One afternoon in May 2022, Kevin was in his room with his girlfriend Josselyn. Jobany, who was in the living room, heard…