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The People v. Danny Javier Aguilar

April 18, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DANNY JAVIER AGUILAR, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F07087)

The opinion of the court was delivered by: Hull , Acting P. J.

P. v. Aguilar

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following a jury trial, defendant Danny Javier Aguilar was convicted of battery with serious bodily injury (Pen. Code, § 243, subd. (d); statutory references that follow are to the Penal Code) and misdemeanor petty theft (§§ 484/488) as a lesser included offense of grand theft (§ 487, subd. (c)). The trial court suspended imposition of sentence and placed defendant on probation, subject to various conditions including 300 days in county jail.

On appeal, defendant contends there is insufficient evidence to support his convictions. We affirm the judgment.

FACTS

On September 17, 2009, M.D. found an advertisement on Craigslist offering a new GPS navigation system for $80. M.D. called the phone number from the advertisement and agreed to meet with the seller at a shopping center near Interstate-80 and Truxel Road. The seller said he would be in a white Chevrolet Tahoe.

When M.D. arrived at the mall, defendant was in the driver's seat of the Tahoe with a woman in the passenger seat. M.D. and defendant got out of their vehicles and met in the parking lot. Defendant handed the GPS to M.D., who plugged it into his van's cigarette lighter to see if it worked. M.D. determined the system worked, but was not new.

M.D. told defendant he would pay less since the GPS was not new, and defendant agreed to lower the price to $60. M.D. then got the money from his van. Taking what he thought was $60 in $20 bills, M.D. paid defendant. When defendant counted the money, M.D. realized that he had accidentally given him $80. M.D. told defendant he gave him too much money, and then tried to grab the money, tearing the tip of it. Defendant then made a fist; M.D. did not see defendant swing his fist, but next remembered lying on the ground bleeding as defendant got in his vehicle and left.

Defendant is six foot, one inch tall and weighs 175 pounds. He was 19 at the time of the trial. M.D. weighed 140 pounds, and was 55 at the time of the trial.

M.D. was bleeding from his eye, nose, and mouth, and his eye, gums, and face were swelling. One tooth was knocked out; another tooth was hanging by the skin, so M.D. pushed it back into his gum. As a result of his injuries, M.D. had one tooth replaced with a false tooth, along with two root canals and a bridge.

According to M.D.'s ophthalmologist, M.D. sustained "blunt trauma to both eyelids and to the tear duct of his right lower eyelid with laceration." He suffered a laceration to his right inner eyelid which went all the way through the eyelid and the tear duct. M.D. underwent surgery to place a stent in his right tear duct, which remained for three months. The ...


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