P. v. Castro CA5
On September 13, 2014, defendant Joe Julian Castro, Jr., and his 16-year-old son I.C. attended a birthday party at defendant’s mother’s house. Later that night, when defendant indicated it was time to go home, I.C. stated he “wanted to stay the night [at] [his] cousin’s house . . . .” An argument ensued. At some point, defendant asked I.C., “What do you want to do, suck their dicks?” I.C. shoved defendant. Defendant then smashed a beer bottle over I.C.’s head.
Defendant was charged with assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) The information further alleged he personally used a dangerous or deadly weapon within the meaning of Penal Code sections 667 and 1192.7.
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