People v. Quon CA4/2

I. INTRODUCTION

During a fight with his neighbor, defendant and appellant, Marvin Shi Yuen Quon,

stabbed the neighbor seven times with a tire repair tool. The district attorney charged

1 him with one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), and

alleged that he personally inflicted great bodily injury within the meaning of section

12022.7, subdivision (a). A jury convicted defendant of the charged crime and found the

enhancement allegation not true. Defendant was sentenced to 36 months’ probation on

the condition (among others) that he serve 180 days in custody, 90 days of which would

be on work release.

On appeal, defendant contends he was deprived of his Sixth Amendment right to

effective assistance of counsel. He further contends his sentence was erroneously based

on a finding the jury had specifically found not true. We reject these arguments and

affirm the judgment.

II. FACTUAL AND PROCEDURAL SUMMARY

A. Prosecution Evidence

Defendant and Richie Cattilini were next door neighbors. On February 5, 2010,

Cattilini was unloading groceries from his truck when defendant drove by in his

Hummer. Defendant flipped Cattilini off and mouthed…