People v. Lamas CA5

INTRODUCTION

Appellant Freddie Ovalle Lamas was convicted of first degree burglary (Pen. Code, §§ 459/460, subd. (a), count 1)1 and assault with a deadly weapon (§ 245, subd. (a)(1), count 2). Various enhancement allegations were attached to the charges, including an enhancement allegation attached to count 2 for infliction of great bodily injury (§ 12022.7, subd. (a)). On June 26, 2013, a jury found appellant guilty of both counts and all enhancement allegations were found true. Appellant was sentenced to 44 years to life with credit for 538 days in custody. Appellant contends that the evidence introduced at his trial was insufficient to prove the enhancement allegation of great bodily injury. (§ 12022.7, subd. (a)). We disagree and affirm the judgment.

FACTS

On April 29, 2012, Benjamin Garcia was at his apartment with his girlfriend, Frances Herrera, her daughter, and her two grandchildren. Herrera was following her two-year-old granddaughter outside of Garcia’s apartment when appellant approached them. Appellant, who lives in a trailer on the property, jumped at Herrera’s granddaughter and stated, “You better watch out.” From inside, Garcia heard Herrera respond, “Don’t be…