People v. Acuna CA3

FACTS

On May 24, 2011, while the 18-year-old defendant was housed at a juvenile facility for his robbery conviction, he physically assaulted a much smaller, fellow ward, 15-year-old Z.V., after an outside recreation program had ended. The two were in a group and had been ordered to line up single file and return to the dorm area. As they walked forward, defendant approached Z.V. from behind and struck him in the jaw with a closed fist. Z.V. lost consciousness and fell to the ground. Besides losing consciousness, Z.V. suffered a head wound requiring four stitches and several chipped teeth which required dental crowns. He also had pain in his collarbone. Z.V. remained in the medical facility for a week and suffered headaches for several days. Defendant was examined and found to have redness on his knuckles. The youth correctional counselor who had watched the wards outside did not observe any problems between defendant and Z.V. before the attack. In a group counseling session several hours before the assault, defendant had given an example of intimidation, claiming Z.V. had said something to defendant. Defendant then laughed, as did the other wards, with the exception of Z.V. Z.V.…