Bracamonte

Statement of the Case

On June 26, 1981, appellant pled guilty to assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and admitted the enhancement of intentional infliction of great bodily injury in the commission of a felony (Pen. Code, § 12022.7). Appellant was 19 at the time that he committed the assault. A hearing was held to consider the probation report and recommendation. The trial court rejected California Youth Authority (CYA) commitment ruling that, “This Court concurs with the Probation Office and feels that this Defendant is sufficiently mature both in age and life-style that a Youth Authority commitment is inappropriate.” The court denied probation and ordered appellant committed to state prison for the middle term of three years, with an additional three years imposed due to the section 12022.7 enhancement.

The Facts

Appellant and a friend were sitting in a vehicle drinking beer outside of the residence of Susan Del Rio. Ismael Avila drove up to the same residence and parked next to appellant’s automobile. Avila, who had previously lived with Ms. Del Rio, entered the residence and asked the woman where she was going. She replied she was not going…