Blakley

Introduction

After a jury trial appellant was found guilty of committing a felonious assault in violation of Penal Code section 245, subdivision (a)(1). The jury further found true the allegation that appellant used a dangerous weapon in violation of Penal Code section 12022, subdivision (b). The trial court denied probation and selected the lower term of two years with a one-year enhancement for a total prison term of three years, minus appropriate credits. Appellant filed a timely notice of appeal.

Facts

Late on the night of August 1, 1990, James Steeley had an argument outside the Turlock fairgrounds with Marco Perez. Perez was a friend of appellant Blakley. Blakley was not involved in the original argument. It lasted approximately 10 minutes.

Later in the early morning hours of August 2, 1990, Mr. Steeley and friends again encountered Blakley at Hatch Park in Keyes. Blakley was with friends also. Steeley testified that ne again began to argue with Perez. Blakley came up to Steeley and asked him if he wanted to fight. Appellant then pushed Steeley and they began to fight. After a few blows had been thrown, appellant reached up and punched Steeley in the neck,…