People v. De Leon CA1/4

I. BACKGROUND

A. De Leon’s 2021 No Contest Plea On May 4, 2021, De Leon was charged by complaint with assault with a deadly weapon (§ 245, subd. (a)(1)). Among the charges was an allegation

1 Undesignated statutory references are to the Penal Code.

1 that he personally inflicted great bodily injury on the victim (referred to by his initials, T.V.) (§ 12022.7, subd. (a)). The incident underlying the charge occurred on March 21, 2021, when De Leon drove himself and two friends to a wheel and tire shop to have the tires on his car realigned.2 De Leon and his friends appeared to be drunk. After T.V. completed the work, De Leon complained that the wheels had not been aligned properly. One of De Leon’s friends told T.V., “ ‘If the car is not aligned, I will punch you in the face.’ ” T.V. then told De Leon and his friends to leave the shop or T.V. would call the police. De Leon told T.V., “ ‘Stop being a little bitch.’ ” T.V. went into the shop’s office to call the police. De Leon and his companions followed and, once inside, threw objects around the office and punched T.V. in the face and head about 10 times. The shop’s owner called 911, causing De Leon and his friends to flee. As De…