People v. Gonzalez CA2/5

I. BACKGROUND

Defendant attacked Fierro after encountering her on a sidewalk in May 2023. Defendant was subsequently charged with one count of elder abuse (count 2) and one count of attempted second degree robbery (count 3).2 The information alleged defendant had previously been convicted of two serious and/or violent felonies, and that he engaged in violent conduct in committing elder abuse. Defendant’s trial commenced in October 2023. As relevant for our purposes, Fierro and a bystander (who identified defendant as Fierro’s attacker) testified at trial. According to Fierro, she was at the intersection of Pico and Vermont Avenue in Los Angeles at around 1:30 p.m. on May 11,

1 Undesignated statutory references that follow are to the Penal Code. 2 Defendant was charged in the same information with one count of second degree robbery for allegedly robbing a different individual the same day. Because the jury found defendant not guilty of that count, we do not discuss it here.

2 2023. She was 80 years old at the time. She was walking towards a bus when defendant suddenly came toward her with a “diabolical” look on his face. Defendant grabbed Fierro by the shoulders and threw her…