People v. Wesco CA2/5

I. INTRODUCTION

Defendant, Recondal Wesco, appeals from his sentence following a jury trial. On June 10, 2015, defendant was convicted of violating Penal Code sections 240 and 242.1 The judgment, as modified, is affirmed.

II. BACKGROUND

In an information, the Los Angeles County District Attorney charged defendant with two felony counts from an incident on August 10, 2014 involving Mr. Daniel Castilleja. In Count 1, the district attorney alleged defendant assaulted Mr. Castilleja with a deadly weapon in violation of section 245, subdivision (a)(1). In Count 2, the district attorney alleged defendant committed battery with serious bodily injury in violation of section 243, subdivision (d). The district attorney also alleged both counts constituted serious felonies under section 1192.7, subdivision (c) and hate crimes under section 422.75, subdivision (a). The district attorney alleged these two counts were serious felonies within the meaning of section 1192.7, subdivision (c)(8). Defendant plead not guilty. On June 10, 2015, following a jury trial, the jury found defendant not guilty of the felony counts. The jury convicted defendant of the lesser offenses of misdemeanor simple…