P. v. Chavez
Appellant Fernando Bustos Chavez was charged with kidnapping, kidnapping for ransom, two counts of second degree robbery, unlawfully taking a vehicle, and a “violation of Section 245(a)(1) of the Penal Code (AGGRAVATED ASSAULT), a FELONY.†[1] According to count four in the amended information, Chavez “did willfully and unlawfully commit an assault upon the person of [the victim] by means of force likely to produce great bodily INJURY.†Prior convictions were also alleged. Chavez entered a plea of not guilty.
Chavez was one of three passengers in a Honda stopped at a stop sign when it was hit from behind by a car driven by the victim. The victim, who admitted he had been drinking before the accident, testified that when he got out of his car, he was surrounded by three males, one of whom was Chavez. Chavez hit the victim in the face, injuring him. The men took the victim to his uncle’s house, where they also assaulted the uncle. There was no evidence that a weapon was used.
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