People v. Buendia CA4/1

INTRODUCTION

A jury convicted David Amir Buendia of assault with a deadly weapon (Pen.

Code, § 245, subd. (a)(1); count 1) and assault by means likely to produce great bodily

injury (Pen. Code, § 245, subd. (a)(4); count 2). The jury also found true gang benefit

enhancement allegations (Pen. Code, § 186.22, subd. (b)(1)). The trial court sentenced

him to eight years in prison, then suspended execution of the sentence and placed him on

three years of formal probation, conditioned in part upon him waiving his presentence

custody credits and serving 365 days in jail.

Buendia appeals, contending there was insufficient evidence to convict him of

count 1. We disagree and affirm the judgment.

BACKGROUND

After an evening out, the victim and two friends went to a taco stand for a bite to

eat. They drove there in the victim's car, which the victim's younger brother sometimes

uses. The victim ordered his food and sat down with his friends at a nearby table.

Buendia and two male companions walked by talking angrily. They circled the victim's

car, pointed at it, and then glared and cussed at the victim and his friends. The victim had

never seen Buendia or his…