People v. Castillo CA2/6

FACTS

On Memorial Day weekend in May 2012 Rudy Hernandez was having a barbecue at his place of business, Rudy's Towing in Santa Maria. About 30 to 40 people attended, including Castillo and Rudy's brother, Fernando Hernandez. Castillo had worked for Rudy from time to time. During the party, Rudy noticed that the sink in the women's bathroom was leaking. He asked Castillo to fix it. When Castillo entered the bathroom, he slipped and hit his cheek on the porcelain sink with sufficient force to knock the sink off the wall. Castillo came out of the bathroom saying, "I hurt my cheek, I hurt my cheek." Rudy, Fernando and another guest teased Castillo and mocked his crying. Fernando pointed at Castillo's cheek and said, "If it hurts, then you can cry." Castillo hit Fernando in the face, knocking him to the ground. Fernando appeared to be unconscious. While Fernando was on the ground, Castillo kicked him in the head at least once and as many as four times. Fernando returned to consciousness in a few minutes. Paramedics took him to a hospital with a concussion.

DISCUSSION

Castillo's appointed counsel on appeal declared that she reviewed the record and discussed…