People v. Chacon CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. Underlying crime1 In May 2009, defendant went by the nickname “Menace.” After hearing from a neighbor that the man renting a room from the neighbor was late in paying his rent, defendant took it upon himself to intimidate the man. Defendant and a friend entered the man’s room while he was sleeping, told him he “had to pay [his] rent, Homie,” and proceeded to rain punches on him, ignoring the man’s cries for help. Defendant’s friend then told the man, “You better not report this or we will come for your daughter.” The man’s injuries to his face and scalp necessitated five sutures and 14 staples. B. Prosecution, conviction, sentencing and appeal In the operative information, the People charged defendant

We draw these facts from our prior opinion in People v. Chacon (Dec. 20, 2010, B222042) [non-pub opn.].

2 with (1) mayhem (Pen. Code, § 203),2 (2) dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)), and (3) assault by means likely to product great bodily injury (§ 245, subd. (a)(1)).3 The People alleged that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) in committing the…