Filed 9/9/26 P. v. Lagerlof CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion
has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE, B349185
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No. 24CJCF05281)
v.
JOSEPH LAGERLOF,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of
Los Angeles County, Craig E. Veals, Judge. Affirmed as modified
with directions.
Leonard J. Klaif, under appointment by the Court of
Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Charles C. Ragland, Chief
Assistant Attorney General, Susan Sullivan Pithey, Assistant
Attorney General, Stephanie C. Brenan and Stephanie Yee,
Deputy Attorneys General, for Plaintiff and Respondent.
____________________________
Appellant Joseph Lagerlof appeals from his convictions of
two counts of misdemeanor battery. Appellant contends, and
respondent agrees, that both counts are based on the same act
and both convictions cannot stand. We agree.
We resolve this case by memorandum opinion because it
“raise[s] no substantial issues of law or fact.” (Cal. Stds. Jud.
Admin., § 8.1.)
BACKGROUND
An amended information charged appellant in count 1 with
battery with serious bodily injury in violation of Penal Code
section 243, subdivision (d) and in count 3 with battery with
injury on a peace officer in violation of section 243, subdivision
(c)(2). A jury found appellant not guilty of both counts, and guilty
of the lesser included offense of misdemeanor battery (§ 242) for
both counts. The court denied probation and sentenced appellant
to 180 days in county jail on both counts, but stayed the sentence
on count 3 pursuant to section 654.
Los Angeles County Sheriff’s Deputy Misael Martinez-
Garrido worked at Men’s Central Jail. Deputy Martinez-Garrido
was told to take appellant, an inmate at the jail, to the mental
health clinic for treatment. Appellant became angry that he was
being taken for the treatment and “head-butted” Deputy
Martinez-Garrido once. Deputy Martinez-Garrido sustained a
laceration on his right eyebrow which required six sutures to
close. He also suffered headaches, sensitivity to light, and
blurred vision, and missed work for one month.
Appellant filed a timely notice of appeal on September 24,
2025.
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DISCUSSION
Both parties agree, as do we, that a defendant may not be
convicted of multiple counts for the same offense based on a
single criminal act. (People v. Aguayo (2022) 13 Cal.5th 974, 994,
fn. 8 [“we confirm that the same course of conduct may not form
the basis of separate convictions for the same offense”]; see also
People v. Torres (2019) 39 Cal.App.5th 849, 858-859 [explaining
that when a defendant is convicted of two of the same offenses
based on the same act, the error cannot be corrected by simply
staying the sentence on one count].) Here, there is no dispute
that appellant’s single “head-butt” resulted in two convictions for
misdemeanor battery. Both convictions cannot stand.
DISPOSITION
As to count 3, the conviction and sentence are vacated. The
trial court is ordered to enter a minute order reflecting the same.
In all other respects, the judgment is affirmed.
NOT TO BE PUBLISHED
M. KIM, J.
We concur:
ROTHSCHILD, P. J.
BENDIX, J.
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