P. v. Miranda CA4/2
Defendant and appellant Isaac Jacob Miranda punched a 57-year-old stranger in the face for no apparent reason, other than to impress his fellow gang members. Defendant’s punch caused the victim to suffer bleeding from the face and mouth and a fractured cheek bone and eye socket.
Following a jury trial, defendant was convicted of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). The jury also found true that defendant had personally inflicted great bodily injury (§ 12022.7, subd. (a)) and that defendant committed the offense for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)). In a bifurcated proceeding, the trial court found true that defendant had suffered two prior prison terms (§ 667.5, subd. (b)), one prior serious felony conviction (§ 667, subd. (a)(1)), and one prior strike conviction (§§ 667, subds. (b)-(i), 1173.12, subd. (a)-(d)).
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