People v. Gonzales CA4/2

BACKGROUND

On April 25, 2019, Gonzales and two companions were walking to a store when

Gonzales suddenly punched one of the companions in the face. The punch caused the

victim to sustain a broken jaw, broken and lost teeth, fractured cheekbones, and

permanent nerve damage around the bottom of his chin.

After a jury trial, Gonzales was found guilty of assault by means likely to

produce great bodily injury. (§ 245, subd. (a)(4).) The jury also found true an

All undesignated statutory sections are to the Penal Code. 2 allegation that he personally inflicted great bodily injury during the assault.

(§ 12022.7, subd. (a).) In July 2021, the court sentenced Gonzales to a seven-year

term, consisting of the four-year upper term for the assault and three years for the

enhancement. The court imposed the upper term upon finding that the violent attack

was unprovoked and took the victim by surprise. The court further stated that

Gonzales had a prior assault in 2017, also in violation of section 245, subdivision

(a)(4). Additionally, the court noted that Gonzales had a lengthy record, including

prior terms of probation where probation was revoked multiple…