People v. Garcia CA5

BACKGROUND

Charges The Fresno County District Attorney charged Garcia with three crimes: felony battery (Pen. Code,1 § 243, subd. (d); Count 1), felony assault (§245, subd. (a)(4); Count 2), and robbery (§ 211; Count 3). It was further alleged Garcia personally inflicted great bodily injury (§ 12022.7; Count 2) and suffered various prior convictions. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), § 667, subd. (a), & § 667.5, subd. (a)). Trial Evidence The incident in this case took place at a bar one evening. At some point a melee broke out during which one patron was knocked to the ground and suffered a broken ankle. Multiple staff members identified Garcia as an assailant in the melee, particularly with respect to the broken ankle victim. As Garcia exited the bar, at least two staff members followed him outside. While outside, Garcia snatched the phone from one woman who was attempting to take a photograph. At the same time, the local police arrived on scene. Garcia fled, smashed the phone, and was subsequently detained and arrested. Verdict and Sentence The jury found Garcia guilty as charged. The trial court found the prior conviction allegations true in a bifurcated…