People v. Jones CA2/6

BACKGROUND

Jones and Harris attacked Shareese Session outside her apartment. Jones grabbed Session by the throat and pinned her against a wall while he and Harris each hit Session once in the face with a fist. The attack caused a single laceration on Session’s nose which required stitches and left a scar. Session testified that Jones hit the side of her face and Harris hit her in the nose, and after Jones and Harris ran away she noticed she was bleeding. A neighbor who witnessed the attack from 10 feet away testified it was the punch by Jones that drew blood. The People alleged both appellants inflicted great bodily injury on Session based on the laceration to Session’s nose and the scar. (§ 12022.7, subd. (a).) The People also alleged appellants committed the attack in association with and for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1)(C).) Jones is a Pueblo Bishop Bloods gang member. Harris is not a gang member. Her brother is a member of the All- For-Crime gang, an ally of the Pueblo Bishop Bloods. Three months prior to the attack, Session reported to police that Harris’s brother was involved in a shooting at the building. Thereafter, whenever Session…