People v. Velez

Opinion

SIMS, J.

—In this case, defendant Alfredo Eddie Velez voluntarily smoked a marijuana cigarette furnished by others at a social gathering. The cigarette contained phencyclidine (PCP) which caused defendant to become legally unconscious. While thus unconscious, defendant brutally assaulted the victim and was ultimately convicted by a jury of assault with a deadly weapon (Pen. Code, § 245, subd. (a)), 1 with the special finding that his victim was over 60 years old at the time of the crime. (§ 1203.09.) 2 Defendant testified he did not know the cigarette contained PCP.

Sentenced to state…