People v. Gates CA4/1

I.

BACKGROUND AND PROCEDURAL FACTS

We include the underlying facts of the offenses to provide context for the resentencing court’s conclusions. On October 4, 2017, Andrew B. was in line for dinner at the St. Vincent De Paul homeless shelter in San Diego when Gates sucker punched him in the face. Andrew momentarily lost consciousness as a result of the upper cut to his face. He suffered two black eyes and whiplash, became dizzy and bled profusely. Andrew identified Gates as the assailant. Two security officers witnessed the incident. Joshua Presley saw Gates run at Andrew before striking. Presley recognized Gates, who had been a resident for about five months and did not have privileges to eat dinner there that day. Normally Gates was well mannered, but that day Gates seemed to be under the influence. After he struck Andrew, Gates delivered a roundhouse kick, during which time Presley grabbed Gate’s leg to take him to the ground. After Gates was cleared by medical personnel and transported to jail, he spat in the face of Corporal John G. while being fingerprinted, and police placed a spit rag on him to prevent further spitting. On May 7, 2018, Gates appeared before Judge Polly…