People v. Speck CA4/2

FACTS AND PROCEDURE

On September 9, 2011, during a party at defendant’s home, defendant punched

and hit a guest after the guest punched a hole in the wall of defendant’s home. Other

party goers attacked the guest as well. The guest suffered a broken nose and fractured

facial bones.

On April 8, 2014, a jury convicted defendant of misdemeanor simple assault

(Pen. Code, § 240) 1 and battery with serious bodily injury (§ 243, subd. (d)).

On May 6, 2014, the trial court suspended the imposition of sentence for the

battery conviction and placed defendant on probation for four years, with a condition of

probation that he serve 365 days in jail, with credit for 148 days. On the assault

conviction, the court sentenced defendant to 365 days in jail, to be served concurrently

with the sentence for battery. Among other fines and fees, the trial court waived the

$10,539 presentence incarceration fee under section 1203.1c based on defendant’s lack of

ability to pay.

This appeal followed.

All section references are to the Penal Code unless otherwise indicated.

DISCUSSION

1. Defendant Should be Resentenced on the Misdemeanor Assault Conviction

The jury convicted defendant…