Lesnick

People v. Lesnick

Good Law
189 Cal. App. 3d 637·1987 Cal. App. LEXIS 1395·234 Cal. Rptr. 491
Court of Appeal of CaliforniaFebruary 17, 1987A033312California2,746 words

Opinion

Opinion

Merrill, J.

—Appellant Dennis Lesnick was convicted by a jury of one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The jury also found that appellant had inflicted great bodily injury within the meaning of section 12022.7. Appellant appeals from the judgment of conviction.

I

Although the facts are somewhat in dispute, the case in essence stems from the following scenario. On the evening of December 14, 1984, between the hours of 9:30 and 11 p.m., a group of approximately 15 to 20 young people was standing in front of the Sassafras ice cream parlor on Texas Street in Fairfield. The young people were visiting with each other and listening to loud music. It was a Friday evening, and some of these people had come to Fairfield to “cruise” along its main street.

Around 11 p.m., appellant and a friend, James Lockwood, joined the group. Appellant, who was 17 years old at the time, was from Vacaville. He said he and his friends drove to Fairfield that evening looking for a party. According to appellant, while he and Lockwood were standing outside the ice cream parlor visiting with people in the group, someone in the group suddenly called him “white garbage.” That…

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