P. v. Thao
This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
About 11:00 p.m. on March 12, 2011, chaos erupted at the Strikes Bowling Alley. Hundreds of people were screaming and trying to exit the building. Officers arrived and ordered everyone to the ground. An investigation revealed that 20-year-old Antion Taylor was beaten by a group of men that included defendant Sou Vanh Thao, who was observed by witnesses and on video surveillance tape hitting the victim twice with a bowling ball. Taylor suffered many injuries and was transported to the hospital. At trial, defendant admitted that he assaulted the victim with bowling balls but claimed he did so in self-defense or in defense of others.
A jury convicted defendant of assault with a deadly weapon, to wit, a bowling ball (Pen. Code, § 245, subd. (a)(1); count one) and misdemeanor battery (Pen. Code, § 242) as a lesser offense to that charged in count two (battery with serious bodily injury (Pen. Code, § 243, subd. (d)). In connection with count one, the jury did not sustain the great bodily injury allegation.
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