P. v. Maynarich
A jury convicted defendant Mark Ronald Maynarich of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1); all further statutory references are to this code unless otherwise specified). Defendant was sentenced to two years in prison, with 332 days of credit awarded. Restitution and parole revocation fines of $200 each were imposed ( 1202.4, 1202.45). A $20 security fee and DNA testing were also ordered and the court retained jurisdiction of victim restitution.
Matthew Stanton testified that he arrived at a bar about 11:00 p.m. and sat right next to defendant; the victim, Sean Foster, sat on the other side of the bar from them. Shortly after Stanton arrived Foster beckoned to him, saying hey come over here; Stanton did not. Soon Foster made another gesture toward Stanton or defendant and said something that Stanton could not hear. Stanton testified that defendant finished his drink, walked up to Foster, and hit Foster with his glass in the face, after which Foster fell to the floor. Defendant then left the bar. Stanton had never seen defendant or Foster before the incident.
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