People v. Espinosa CA4/1

STATEMENT OF FACTS

Since this is an appeal from a guilty plea we will offer only a brief summary of the

facts of the offense as contained in the probation report.

On the afternoon of September 7, 2011, Oceanside police were called to the scene

of a fight. They found a large number of high school students. They found a victim,

Carl N., lying on the ground, having suffered a significant stab wound.

All further statutory references are to the Penal Code unless otherwise specified. 2 Investigation revealed the fight was between the victim and two of his friends

against a number of Hispanic members of the Posole street gang. During the fight there

were repeated references to "Posole" by the Hispanic youths participating in the fight.

Witnesses identified Espinosa and two other youths as being involved in the fight

that caused the victim's injuries. Espinosa ultimately told police he was present, but

denied involvement in the fight.

DISCUSSION

I

DENIAL OF PROBATION

Espinosa first contends the trial court abused its discretion in denying his request

for probation. He argues the evidence does not support the factors found by the court to

be aggravating and…