People v. Negrete CA6

I. INTRODUCTION

Defendant Severiano Negrete appeals after a jury found him guilty of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4); count 1),1 battery with serious bodily injury (§ 243, subd. (d); count 2), and dissuading a witness (§ 136.1, subd. (b)(2); count 3). Regarding count 1, the jury found true the allegation that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)). The jury acquitted defendant of 15 counts of misdemeanor attempted disobedience of a court order (§§ 664/166, subd. (a)(4); counts 4-18). The trial court sentenced defendant to nine years in prison, which included the upper term of four years on count 1 plus three years for the great bodily injury enhancement.

1 All further statutory references are to the Penal Code. After defendant was sentenced and while this appeal was pending, the Legislature amended section 1170 to make the middle term the presumptive sentence unless certain circumstances exist. (Sen. Bill No. 567 (2021-2022 Reg. Sess.) [effective Jan. 1, 2022].) The Legislature also amended section 654, which prohibits multiple punishment for a single act or omission. (Assem. Bill…