People v. Chacon CA2/2

FACTS

Maria Aguilar got off a bus in the late afternoon at the corner of Sixth Street and Lafayette Park. Maria began walking towards Rampart Boulevard to meet her boyfriend, Julio Plascencia. Defendant was also at the bus stop. Defendant approached Maria and asked her why she was by herself. Maria ignored defendant and met up with Plascencia, who was heading to meet Maria at the bus stop. Defendant walked up to Plascencia and asked him, “Where you from?” Plascencia answered that he was from nowhere. Defendant declared that he was a member of Mara Salvatrucha, or MS-13, and accused Plascencia of being from the 18th Street gang. Plascencia and Maria walked away from

All statutory references are to the Penal Code unless otherwise indicated. At the time the crimes were committed, both offenses, i.e., assault with a deadly weapon and assault with the intent to cause great bodily injury, were stated in the same subdivision ((a)(1)) of section 245. The section has subsequently been amended and those two crimes appear in separate subdivisions.

2 defendant to a nearby Carl’s Jr. They ordered food and sat in the back of the restaurant to eat. About 15 minutes later,…