People v. Wood CA3

Facts About 4:00 a.m. on March 26, 2012, Willado Ramirez was driving his vehicle, delivering newspapers in Redding. The driver’s side window was down. While Ramirez was stopped at a traffic light, a vehicle pulled up behind him. Defendant exited the vehicle, went to the driver’s side of Ramirez’s vehicle, and struck Ramirez in the head two or three times with a fire extinguisher. As Ramirez was attempting to ward off the fire extinguisher, the extinguisher activated, releasing some of its contents onto Ramirez and into his car. Defendant let go of the fire extinguisher and struck Ramirez with his fists three times in the back of the head. Ramirez asked defendant why he was hitting him and explained that he was delivering newspapers. Defendant realized his mistake, apologized to Ramirez, and said he thought Ramirez was the person who had broken into defendant’s pickup. Defendant asked Ramirez not to report him to the police and drove Ramirez to defendant’s home, where he obtained a towel for Ramirez because he was bleeding. At Ramirez’s request,

2 Our reversal and dismissal of count 2 renders moot defendant’s second contention that the indeterminate term imposed on count 2 must be…