People v. Porras CA4/1

INTRODUCTION

A jury convicted Brandon Porras of felony assault with a deadly weapon

(Pen. Code, § 245, subd. (a)(1)).1 The jury also found true allegations Porras used a

deadly weapon (§ 1192.7, subd. (c)(23)) and personally inflicted great bodily injury

(§§ 1192.7, subd. (c)(8), 12022.7, subd. (a)). The trial court sentenced Porras to a total

term of 14 years in state prison (the middle term of three years, doubled for an admitted

strike prior, plus three years for the great bodily injury enhancement and five years for

the serious felony prior enhancement).2 The court ordered him to pay a $280 restitution

fine under section 1202.4 along with other court fees.

Porras appeals, contending the trial court erred in denying his motion under

section 1118.1 for a judgment of acquittal because there was insufficient evidence in the

prosecution's case to support a finding Porras, rather than his brother, Robert Porras,

stabbed the victim.3 He also contends the court violated the ex post facto clause of the

United States Constitution when it imposed a $280 restitution fine as opposed to a $240

restitution fine, which was the minimum restitution fine under section…