People v. Ayala CA1/2

BACKGROUND

Ayala entered the United States in 1994 and was granted asylum in 1995. However, because of misdemeanor convictions he suffered in 1997 and 2005, his asylum status was rescinded and he was ordered removed by an immigration judge on February 5, 2007. He appealed that removal order to the Board of Immigration Appeals, which upheld it on April 18, 2008. Ayala appealed that decision to the Ninth Circuit Court of Appeals. On December 20, 2008, while his Ninth Circuit appeal was pending, Ayala was involved in a fight outside a bar, during which he picked up a brick and threw it, striking one victim in the face and another in the shoulder. When Ayala was subsequently arrested, he was found in possession of 0.20 grams of cocaine. On April 24, 2009, the San Mateo County District Attorney filed an information charging Ayala with two counts of assault with a deadly weapon—a brick—and/or by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)) (counts 1 and 2) and one count of possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) (count 3). The information further alleged that counts 1 and 2 were serious felonies within the meaning of section 1192.7,…