P. v. Hamilton
Filed 7/26/06 P. v. Hamilton CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JOHN HAMILTON, Defendant and Appellant. | B184928 (Los Angeles County Super. Ct. Nos. BA280030, BA245921) |
APPEAL from judgments of the Superior Court of Los Angeles County. Ann I. Jones, Judge. Affirmed in part and remanded with directions as to superior court case No. BA280030 and dismissed as to superior court case No. BA245921.
James Koester, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Richard T. Breen, Deputy Attorneys General, for Plaintiff and Respondent.
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John Hamilton appeals from the judgment entered in case No. BA280030 upon his conviction by jury of assault by means of force likely to produce great bodily injury with the finding that he personally inflicted great bodily injury (Pen. Code, §§ 245, subd. (a)(1), 12022.7, subd. (a)).[1] Upon revocation of probation in case No. BA245921, the trial court ordered into effect the suspended five-year term in that matter, and imposed a consecutive term of one year, one-third the midterm, for the assault. The trial court stayed the great bodily injury enhancement.
Appellant contends that (1) the matter must be remanded to the trial court for reconsideration and resentencing on the section 12022.7 allegation, and (2) the abstract of judgment must be corrected to reflect that appellant was convicted of assault by means of force likely to cause great bodily injury.
We will remand the matter with directions to the trial court in case No. BA280030 and dismiss the appeal in case No. BA245921.
FACTS AND PROCEDURAL BACKGROUND
The evidence in case No. BA280030 established that on March 9, 2005, as Tony Maldonado (Maldonado) was walking with his girlfriend, his young son, and his friend Richard Fisher (Fisher) on a Los Angeles street, Teresa Perry (Perry), a woman he did not know, walked up and hit him in the mouth.[2] This caused him to bleed slightly. Appellant, whom Maldonado had met through appellant's current girlfriend,[3] walked over and punched Maldonado in the face eight times, causing him to fall to the ground. Appellant and several women then kicked Maldonado. In contrast to the punch delivered by Perry, which was â€
