People v. Lipkin CA2/2

FACTS AND PROCEDURAL BACKGROUND

Just after 7:00 a.m. on December 18, 2014, defendant walked into a Starbucks and ordered a 16-ounce cup of coffee with whipped cream. When a barista served him a cup that he did see her freshly pour, he removed the lid, threw the cup of coffee at her, and said, “Mother fucking bitch, fuck you!” The coffee was brewed at over 200 degrees Fahrenheit. The scalding coffee produced first and second degree burns on the barista’s upper chest, causing a “consistent” “burning” pain for three days and blistering for a month. Defendant immediately left the store. The People charged defendant with assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4))1 and further alleged that he inflicted great bodily injury (§ 12022.7, subd. (a)). Defendant went to trial, and a jury convicted defendant and found the great bodily injury allegation to be true. On the day the jury returned its verdict, defendant “requested immediate sentenc[ing].” The trial court imposed a sentence of six years, comprised of a midterm sentence of three years on the assault charge plus an additional three years for the great bodily injury enhancement. Defendant…