People v. Lagerlof CA2/1

Opinion

Filed 9/9/26 P. v. Lagerlof CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B349185

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 24CJCF05281)

v.

JOSEPH LAGERLOF,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Craig E. Veals, Judge. Affirmed as modified with directions.

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Stephanie C. Brenan and Stephanie Yee, Deputy Attorneys General, for Plaintiff and Respondent.

____________________________

Appellant Joseph Lagerlof appeals from his convictions of two counts of misdemeanor battery. Appellant contends, and respondent agrees, that both counts are based on the same act and both convictions cannot stand. We agree.

We resolve this case by memorandum opinion because it “raise[s] no substantial issues of law or fact.” (Cal. Stds. Jud. Admin., § 8.1.)

BACKGROUND

An amended information charged appellant in count 1 with battery with serious bodily injury in violation of Penal Code section 243, subdivision (d) and in count 3 with battery with injury on a peace officer in violation of section 243, subdivision (c)(2). A jury found appellant not guilty of both counts, and guilty of the lesser included offense of misdemeanor battery (§ 242) for both counts. The court denied probation and sentenced appellant to 180 days in county jail on both counts, but stayed the sentence on count 3 pursuant to section 654.

Los Angeles County Sheriff’s Deputy Misael Martinez-

Garrido worked at Men’s Central Jail. Deputy Martinez-Garrido was told to take appellant, an inmate at the jail, to the mental health clinic for treatment. Appellant became angry that he was being taken for the treatment and “head-butted” Deputy Martinez-Garrido once. Deputy Martinez-Garrido sustained a laceration on his right eyebrow which required six sutures to close. He also suffered headaches, sensitivity to light, and blurred vision, and missed work for one month.

Appellant filed a timely notice of appeal on September 24, 2025.

3

DISCUSSION

Both parties agree, as do we, that a defendant may not be convicted of multiple counts for the same offense based on a single criminal act. (People v. Aguayo (2022) 13 Cal.5th 974, 994, fn. 8 [“we confirm that the same course of conduct may not form the basis of separate convictions for the same offense”]; see also People v. Torres (2019) 39 Cal.App.5th 849, 858-859 [explaining that when a defendant is convicted of two of the same offenses based on the same act, the error cannot be corrected by simply staying the sentence on one count].) Here, there is no dispute that appellant’s single “head-butt” resulted in two convictions for misdemeanor battery. Both convictions cannot stand.

DISPOSITION

As to count 3, the conviction and sentence are vacated. The trial court is ordered to enter a minute order reflecting the same. In all other respects, the judgment is affirmed.

NOT TO BE PUBLISHED

M. KIM, J.

We concur:

ROTHSCHILD, P. J.

BENDIX, J.