People v. Leon CA4/1

INTRODUCTION

A jury convicted Zahir Vladimir Leon of two counts of assault with a

deadly weapon (Pen. Code,1 § 245, subd. (a)(1); counts 1 & 2) and found true that he personally inflicted great bodily injury in the commission of those counts (§ 12022.7, subd. (a)). We conclude the injury to the victim in count 2, which the emergency room doctor described as a “superficial laceration,” is not sufficient to support the enhancement under section 12022.7, subdivision (a). Consequently, we reverse the true finding, strike the one year imposed under section 12022.7, subdivision (a), associated with count 2, and remand for resentencing to allow the trial court to exercise its discretion anew with the changed circumstance. In all other respects, we affirm the judgment.

BACKGROUND

On November 17, 2019, around 5:30 p.m., L. Avila pulled into the driveway of her Oceanside home with her two young children in the car. O. Martinez, the children’s father, and A. Moreno were standing near the driveway. Avila got out when “out of nowhere,” Leon came around the corner saying, “Fuck Mesa” to Martinez and Moreno. Avila recognized Leon as someone she had seen twice before in the neighborhood. She…